Opinion of the Advocate General — ECLI:EU:C:2008:423
Date: 2008-07-17
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Transport
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment Transport – Road transport – Driving licences – Directive 91/439 (Council Directive 91/439, as amended by Regulation No 1882/2003, 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 Regulation No 1882/2003, must be interpreted as meaning that a Member State is not precluded from refusing to recognise, in its territory, a right to drive under a driving licence issued by another Member State to a person whose right to drive was withdrawn, in the territory of the first Member State, even though that withdrawal was ordered after the issue of that driving licence, provided that the licence was obtained during a period in which a licence issued in the first Member State was suspended and both the suspension and the withdrawal are based on grounds existing at the date of issue of the second driving licence. (see para. 41, operative part)