Opinion of the Advocate General — ECLI:EU:C:2005:286
Date: 2005-05-12
Language of the case: German
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: Germany

Summary of the Judgment 1. Transport – Road transport – Driving licences – Directive 91/439 – Conditions for issue – Minimum age – Driving of heavy motorcycles in category A – Member States’ entitlement to fix a higher minimum age – Scope (Council Directive 91/439, Art. 6(1)(b) and (2)) 2. Transport – Road transport – Driving licences – Regulation No 3820/85 and Directive 91/439 – Conditions for issue – Minimum age – Driving of vehicles in categories C1 and C1+E – Member States not entitled to fix a lower minimum age – None (Council Regulation No 3820/85, Art. 5(1)(b); Council Directive 91/439, Art. 6(1)(b) and (2)) 1. By providing that the Member States are entitled to allow direct access to a licence to drive heavy motorcycles in category A for applicants who are at least 21 years old, the first indent of Article 6(1)(b) of Directive 91/439 on driving licences, far from expressly limiting the Member States’ entitlement to stipulate a higher minimum age, implies, on the contrary, that the Member States may fix an age limit above 21 years. Since the fixing of a minimum age above that stipulated by the last clause in that indent for direct access to the driving of such motorcycles is likely to contribute to the improvement of road safety, which is, as is clear from that directive’s preamble, one of its primary objectives, it does not contravene that provision, provided that the principle of proportionality is observed. (see paras 27-28) 2. Neither Directive 91/439 on driving licences nor Regulation No 3280/85 on the harmonisation of certain social legislation relating to road transport provide for the possibility of derogating from the minimum age of 18 years for the issue of driving licences for vehicles in categories C1 and C1+E. First, the exceptions in Article 6(2) of Directive 91/439 do not mention vehicles in categories C1 and C1+E. Second, the fact that the second indent of Article 5(1)(b) of Regulation No 3280/85 does not preclude a person who has not attained the minimum age required from being able to gain driving experience, cannot be interpreted as meaning that that provision authorises the Member States to issue to such a person a driving licence for vehicles in those categories. Indeed, the possibility of gaining such experience in no way implies the issue, to the applicant concerned, of a licence permitting that applicant to drive a vehicle in those categories without being accompanied by a person responsible for his training. (see paras 38-41)