62010CO0590_EN
Subject of the case
Operative part
Subject of the case
Re:
Reference for a preliminary ruling – Bayerischer Verwaltungsgerichtshof – Interpretation, in the light of Article 2(1) and Article 3(1) of the Charter of Fundamental Rights of the European Union, of Article 1(2) and Article 8(2) and (4) of Council Directive 91/439/EEC of 29 July 1991 on driving licences (OJ 1991 L 237, p. 1) – Category B driving licence issued by a Member State, without regard to the condition of residence, to a national of another Member State after his national licence had been withdrawn and after the period had expired in which an application for a new licence is prohibited – Subsequent issue, by the same Member State, of a Category C driving licence observing the condition of residence – Whether the Member State of residence can refuse to recognise the validity of those licences.
Operative part
Operative part
Article 1(2) and Article 8(2) and (4) of Council Directive 91/439/EEC of 29 July 1991 on driving licences, as amended by Commission Directive 2000/56/EC of 14 September 2000, do not preclude a Member State from refusing to recognise authorisations to drive Category B and C vehicles issued by another Member State to an individual in respect of whom the first Member State has adopted measures under Article 8(2) of that directive, when the authorisation to drive Category B vehicles was issued in the second Member State without regard, as is apparent from the particulars given in the driving licence issued in respect of that authorisation, to the normal condition of residence laid down in Article 7(1)(b) of that directive and when the authorisation to drive Category C vehicles was issued on the basis of the first authorisation and the failure to observe that condition of normal residence is not apparent in the new driving licence issued in respect of that authorisation to drive Category C vehicles.