Opinion of the Advocate General — ECLI:EU:C:2008:87
Date: 2008-02-14
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 1. Transport – Road transport – Driving licences – Directive 91/439 (Council Directive 91/439, as amended by Regulation No 1882/2003, Arts 1(2), 7(1) and 8(2) and (4)) 2. 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)) 1. On a proper construction of Articles 1(2), 7(1) and 8(2) and (4) of Directive 91/439 on driving licences, as amended by Regulation No 1882/2003, it is contrary to those provisions for a Member State to refuse to recognise in its territory the right to drive stemming from a driving licence subsequently issued by another Member State beyond any period in which the person concerned is forbidden to apply for a new licence and, therefore, to recognise the validity of that licence, so long as the licence-holder has not satisfied the necessary conditions in that first Member State for the issue of a new licence following the withdrawal of a previous licence, including the examination of fitness to drive certifying that the grounds justifying the withdrawal are no longer in existence. In the same circumstances, it is not contrary to those provisions for a Member State to refuse to recognise in its territory the right to drive stemming from a driving licence subsequently issued by another Member State, if it is established, on the basis of entries appearing in the driving licence itself or of other incontestable information supplied by the Member State of issue, that when that licence was issued its holder, who had been the object, in the territory of the first Member State, of a measure withdrawing an earlier licence, was not normally resident in the territory of the Member State of issue. (see para. 73, operative part 1) 2. It is contrary to Articles 1(2) and 8(2) and (4) of Directive 91/439 on driving licences, as amended by Regulation No 1882/2003, for a Member State bound, in accordance with that directive, to recognise the right to drive stemming from a driving licence issued by another Member State, to suspend that right temporarily while the latter Member State investigates the procedure followed in the issuing of that licence. In contrast, in that same context, it is not contrary to those provisions for a Member State to decide to suspend that right if it is clear from entries in that licence or from other incontestable information supplied by that other Member State that the condition of residence imposed in Article 7(1)(b) of that directive was not satisfied at the moment when that licence was issued. (see para. 86, operative part 2)