Order — ECLI:EU:C:2004:59
Date: 2004-01-29
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Transport
Concepts: General
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Order 
Freedom of movement for persons — Freedom of establishment — Driving licence — 
Directive 91/439 — Driving licence issued by the Member State of origin which cannot be 
registered in the registry of driving licences of the host Member State — Requirement to 
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SUMMARY — CASE C-253/01 
exchange licence — Not permissible — Fulfilment of the conditions for the renewal of 
licence in that State — Burden of proof on the holder of the licence — Discrimination on 
grounds of nationality — Prohibited — Not applicable in a situation purely internal to a 
Member State 
(Council Directive 91/439, Art. 1) 
Article 1(1) and (2) of Directive 91/439 on 
driving licences, as amended by Directive 
96/47, setting out the principle of mutual 
recognition of Community model driving 
licences, must be interpreted as precluding 
legislation of a Member State which 
requires, under certain circumstances, 
holders of driving licences issued by 
another Member State who are established 
in its territory to exchange that licence for a 
national driving licence on the ground that 
a driving licence issued by another Member 
State which does not comply with the 
provisions on the period of validity which 
apply in the host Member State cannot be 
registered in its register of driving licences. 
It is for the holder of a driving licence 
issued by a Member State who takes up 
normal residence in another Member State 
which has exercised its discretion under 
Article 1(3) of Directive 91/439 to apply 
some of its national rules to prove that he 
fulfils the conditions set out in the legis­
lation of the host Member State on the 
renewal of driving licences. However, once 
that has been proven, it is a matter for the 
authorities of the host Member State to 
give due effect thereto and authorise the 
holder to drive a vehicle under his original 
driving licence. 
That conclusion is not affected by the fact 
that a Member State is prevented from 
requiring Community nationals who have 
their residence there to exchange their 
driving licences issued by another Member 
State for a national driving licence, while 
the holders of a national licence, who are 
primarily nationals of the host Member 
State, are required to exchange that licence 
periodically for a new one. Any discrimi­
nation which nationals of a Member State 
may suffer under the law of that State fall 
within the scope of that law and must 
therefore be dealt with within the frame­
work of the internal legal system of that 
State. 
(see paras 35-37, operative part) 
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