Order — ECLI:EU:C:2010:731
Date: 2010-12-02
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Transport
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Order Freedom of movement for persons – Freedom of establishment – Driving licences – Directive 91/439 – Mutual recognition of driving licences (Council Directive 91/439, as amended by Directive 2006/103, Arts 1(2), and 8(2) and (4)) Articles 1(2) and 8(2) and (4) of Directive 91/439 on driving licences, as amended by Directive 2006/103, must be interpreted as precluding a Member State, when exercising its authority under Article 8(2) to apply its national provisions on the restriction, suspension, withdrawal or cancellation of the right to drive to the holder of a driving licence issued in another Member State, from refusing to recognise, in its territory, the right to drive resulting from a valid driving licence issued in another Member State on account of a medical report on fitness to drive submitted by the holder of the driving licence in question if the medical report, although issued after the date of issue of the driving licence and based on an examination of the party concerned carried out after that date, has no connection, even in part, to conduct of the person concerned occurring after the issue of the driving licence and relates solely to circumstances that took place before that date. In order for the Member State of normal residence of the holder of a driving licence issued in another Member State to exercise its authority under Article 8(2) of Directive 91/439 to apply its national provisions on the restriction, suspension, withdrawal or cancellation of the right to drive to the holder of that licence, there must be evidence to doubt the licence-holder’s fitness to drive on the basis of circumstances that must relate to conduct of the person concerned after he had obtained his driving licence in another Member State and call into question his fitness to drive a vehicle. That requirement must not necessarily be understood as meaning that it relates only to a violation of the road traffic rules. It remains true, however, that for such a requirement to apply it is necessary to establish, at a given time, that conduct on the part of the licence-holder after the issue of the licence gives grounds for doubting his fitness to drive a vehicle, or even to conclude that he is unfit to drive. (see paras 72, 75, 77, operative part)