Opinion of the Advocate General — ECLI:EU:C:2002:702
Date: 2002-11-21
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Transport
Procedure: Action for failure to fulfil obligations - successful;Action for failure to fulfil obligations - unfounded
Origin: Netherlands

Summary of the Judgment 
1. Freedom of movement for persons — Freedom of establishment — Driving 
licence — Directive 91/439 — Mutual recognition of driving licences 
(Council Directive 91/439, Art. 1(2» 
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SUMMARY — CASE C-246/00 
2. Freedom of movement for persons — Freedom of establishment — Driving 
licence — Directive 91/439 — Possibility for a Member State which did not issue 
the licence to apply some of its national rules — Limits 
(Council Directive 91/439, Art. 1(3)) 
1. Article 1(2) of Directive 91/439 on 
driving licences provides for mutual 
recognition of driving licences issued 
by other Member States. That recogni­
tion, which is to be carried out without 
any formality, is a clear and uncon­
ditional obligation and the Member 
States have no discretion as to the 
measures to be adopted in order to 
comply with the requirement. If regis­
tration of a driving licence issued by 
another Member State becomes an 
obligation because holders of such a 
licence are subject to a sanction if, after 
having taken up residence in the host 
Member State, they operate a motor 
vehicle without having registered their 
driving licence, such registration must 
be deemed to constitute a formality 
and is thus contrary to Article 1(2) of 
that directive. 
(see paras 60-62) 
2. The measures adopted by a Member 
State to avail itself of the possibility, 
offered by Article 1(3) of Directive 
91/439 on driving licences, of applying 
to the holder of a driving licence issued 
by another Member State its national 
rules on the period of validity of the 
l icence, medica l checks and t ax 
arrangements and to enter on the 
licence the information indispensable 
for administration must not hinder or 
make less attractive for Community 
nationals the exercise of their right to 
free movement and freedom of estab­
lishment and, where they none the less 
do so, those measures must be applied 
in a non-discriminatory manner, be 
justified by imperative reasons of pub­
lic interest, be appropriate for guaran­
teeing the attainment of the objective 
pursued and not go beyond what is 
necessary to attain that objective. 
(see para. 66) 
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