Opinion of the Advocate General — ECLI:EU:C:2011:201
Date: 2011-03-31
Language of the case: German
Subject matter: Transport
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment Transport – Road transport – Driving licence – Directive 91/439 – Mutual recognition of driving licences – Refusal by a host Member State to recognise a licence issued by another Member State – Refusal based solely on the holder’s not having residence in that other Member State when the licence was issued (Council Directive 91/439, as amended by Directive 2008/65, Arts 1(2), 7(1)(b) and 8(2) and (4)) Articles 1(2), 7(1)(b) and 8(2) and (4) of Directive 91/439 on driving licences, as amended by Directive 2008/65, must be interpreted as not precluding a host Member State from refusing to recognise in its territory a driving licence issued by another Member State, where it is established, on the basis of entries appearing in that licence, that the normal residence condition, laid down in Article 7(1)(b) of that directive, has not been observed. The fact that the host Member State has not applied any measure under Article 8(2) of that directive to the licence holder is irrelevant in that regard. Directive 91/439 makes no distinction, with regard to the residence condition of an applicant for a driving licence, between the first issue of a driving licence and the issue of a driving licence following the withdrawal of a previous licence. In both cases, the issue of the driving licence is subject to normal residence in the territory of the Member State issuing the licence, or to evidence of having been studying there for at least six months. The residence condition assumes special importance in the case of the first issue of a driving licence too. If that condition is not met in such a case, it is difficult, if not impossible, for the competent authorities of the Member State of issue to establish whether the other conditions imposed by Directive 91/439 have been met. In the absence of any such verification, it is possible that the holder of the licence thus issued does not possess, inter alia, the knowledge and skills required for driving and, therefore, constitutes a threat to road safety. Moreover, there is a risk that the principle according to which no person may hold more than one driving licence, as stated in Article 7(5) of that directive, would also be undermined. (see paras 29-31, 33, operative part)