WRITTEN QUESTION No. 2306/98 by Helwin PETER , Hiltrud BREYER , Doris PACK to the Commission. Marriage, family, parentage and divorce law in the EU Member States
Date: 1998-07-22
Institutions: BREYER, European Parliament, PACK, PETER HELWIN
Subjects: EU national, approximation of laws, civil law, civil status, descendant, divorce, family law, legal status, matrimonial law, mutual recognition principle

C 135/40

Official Journal of the European Communities

EN

14.5.1999

(1999/C 135/045)

WRITTEN QUESTION E-2304/98

by Frédéric Striby (I-EDN) to the Commission

(22 July 1998)

Subject: Mutual recognition of driving licences by Member States

The many German citizens who have chosen to take up residence in this frontier region bordering on
Germany have to complete a large number of administrative formalities; for example, their German
driving licences have to be exchanged for French ones. One German national living in France who
produced his German driving licence after being stopped for a police inspection in France in 1997 was
fined.

There is a European directive on the mutual recognition of driving licences. Could the Commission report
on the progress made in incorporating it into national law, particularly in France and Germany?

Answer given by Mr Kinnock on behalf of the Commission

(22 September 1998)

Council Directive 91/439/EEC of 29 July 1991 on driving licences (1) came into effect on 1 July 1996.
Article 1.2 introduces the principle of mutual recognition of driving licences issued by Member States.

Given the fact that several Member States did not transpose Directive 91/439/EEC on time, the
Commission opened infringement proceedings against them, including Germany and France. The German
authorities notified the Commission on 2 June 1998 of the transposition of Directive 91/439/EEC into
national law, which will enter into force on 1 January 1999. The French authorities notified the
Commission on 18 March 1998 of a draft decree to transpose Directive 91/439/EEC. This draft decree
is expected to enter into force on 1 January 1999.

However, all Member States have respected the principle of mutual recognition since 1 July 1996, even in
the absence of formal transposition. In cases that have arisen to date, the central French and German
authorities have taken action to ensure the application of this principle, even retrospectively, when local
authorities that were not aware of Community law were infringing this principle.

The Commission will follow up all cases brought to its attention by Union citizens and will take the
necessary steps to ensure the principle of mutual recognition is applied in practice.

(1) OJ L 237, 24.8.1991.

(1999/C 135/046)

WRITTEN QUESTION E-2306/98

by Helwin Peter (PSE), Hiltrud Breyer (V)
and Doris Pack (PPE) to the Commission

(22 July 1998)

Subject: Marriage, family, parentage and divorce law in the EU Member States

The number of marriages between partners from different EU countries is increasing. All Member
1.
States have different marriage and family laws which have not yet been mutually recognized and which
considerably inhibit the freedom of movement of EU citizens. In Germany a marriage is not possible, for
example, unless a certificate of descent is presented. A French bride can, however, only obtain a certificate
of origin in her home country. There is no EU provision which recognizes this document as equivalent and
as a result an enormous amount of bureaucracy must be dealt with. How has the Commission sought to