Opinion of the Advocate General — ECLI:EU:C:2003:552
Date: 2003-10-16
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Transport
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 1. Freedom of movement for persons – Freedom of establishment – Driving licences – Directive 91/439 – Mutual recognition of driving licences – Driving licence issued without the residence requirement being complied with – Exclusive competence of the State which issues a licence to adopt appropriate measures (Council Directive 91/439, Arts 1(2), 7(1)(b) and 9) 2. Freedom of movement for persons – Freedom of establishment – Driving licences – Directive 91/439 – Mutual recognition of driving licences – Refusal of a Member State to recognise the validity of a driving licence issued by another Member State (Council Directive 91/439, Arts 1(2) and 8(4)) 1. The principle of mutual recognition of driving licences introduced by Directive 91/439 means that when a host Member State is carrying out a traffic check within its territory, it is precluded from refusing to recognise a driving licence issued by another Member State to the driver of a vehicle on the ground that, according to the information available to the first Member State, the holder of the licence in question had, at the date of its issue, established his normal residence in that Member State and not in the issuing Member State. Given that Directive 91/439 confers exclusive competence on the Member State which issues a licence to ensure that driving licences are issued in compliance with the residence requirement set out in Articles 7(1)(b) and 9 of that directive, it is for that Member State alone to take appropriate measures in relation to driving licences held by persons who are subsequently shown to have failed to satisfy that requirement. Where a host Member State has good reason to doubt the validity of one or more licences issued by another Member State, it must so inform the latter under the rules relating to mutual assistance and the exchange of information contained in Article 12(3) of that directive. (see paras 47-48, operative part 1) 2. The provisions of Articles 1(2) and 8(4) of Directive 91/439 on driving licences, taken together, must be interpreted as meaning that they preclude a Member State from refusing to recognise the validity of a driving licence issued by another Member State on the ground that its holder has, in the first Member State, been subject to a measure withdrawing or cancelling the driving licence issued by that Member State, where a temporary ban on obtaining a new licence, with which that measure is coupled, has expired before the date of issue of the licence issued by the other Member State. (see para. 78, operative part 2)