Order of the Court (Third Chamber) of 9 July 2009 – Wierer v Land Baden-Württemberg

(Case C‑445/08)

Article 104(3), first subparagraph, of the Rules of Procedure – Driving licence – Directive 91/439/EEC – Withdrawal of national licence for drunk driving – Failure to produce a medical-psychological certificate required in order to obtain a new licence in the host Member State – Licence issued in another Member State – Verification by the host Member of State of the residence condition – Whether possible to rely on the information provided by the holder of the licence by virtue of his obligation to cooperate under the national law of the host Member State – Whether possible to carry out investigations in the issuing Member State

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) (see paras 59-63, operative part)

Re:

Reference for a preliminary ruling – Verwaltungsgerichtshof Baden-Württemberg (Germany) – Interpretation of Article 9 of Directive 91/439/EEC of 29 July 1991, on driving licences (OJ 1991 L 237, p. 1) – Refusal to recognise a driving licence issued in another Member State in disregard of the residence condition – Whether possible for the host Member State, for the purpose of ascertaining whether the residence condition was satisfied at the time when the driving licence was issued, to rely on statements and information provided by the driving licence holder in the course of administrative procedures or court proceedings and which he was obliged to provide, or, where appropriate, to conduct further investigations in the issuing Member State – Holder having had his national licence withdrawn for drunk driving, and having been unable to produce the medical-psychological report required in order to obtain a new licence in his State of residence.

Operative part:

Articles 1(2), 7(1) and 8(2) and (4) of Council Directive 91/439/EEC of 29 July 1991 on driving licences, as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003, must be interpreted as meaning that a Member State is precluded from refusing, within its territory, to recognise a right to drive under a driving licence subsequently issued by another Member State to a person who has earlier, in the host Member State, had his previous driving licence withdrawn for drunk driving, and when that second licence has been obtained after any period in which he is forbidden to apply for a new licence, if it transpires:

– that, on the basis of the explanations and information provided by the holder of that licence in the course of administrative procedures or court proceedings pursuant to an obligation to cooperate imposed on him under the national law of the host Member State, the condition of residence was not observed by the Member State which issued that licence,

or

– that information obtained during investigations conducted by the national authorities and courts of the host Member State in the issuing Member State is not incontestable information from the issuing Member State attesting that the holder was not normally resident in the territory of that State when it issued a driving licence.