Case C-195/02: Action brought on 27 May 2002 by the Commission of the European Communities against the Kingdom of Spain
Date: 2002-08-10
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, driving licence, technical standard, traffic regulations

C 191/18

EN

Official Journal of the European Communities

10.8.2002

Action brought on 27 May 2002 by the Commission of
the European Communities against the Kingdom of Spain

(Case C-195/02)

(2002/C 191/29)

An action against Kingdom of Spain was brought before the
Court of Justice of the European Communities on 27 May
2002 by the Commission of the European Communities,
represented by Fernando Castillo de la Torre and Wouter Wils,
acting as Agents, with an address for service in Luxembourg at
the office of Luis Escobar Guerrero, also of the Legal Service,
Wagner Centre.

The applicant claims

— The mandatory exchange of the licence on grounds of
lack of space in which to record data is not provided for
in Point 4 of Annex I to the directive: That provision does
not provide for an exchange in such circumstances, nor
does Article 8, which deals precisely with the exchange
of driving licences. Since the directive regulates these
matters exhaustively, it must be concluded that it pre-
cludes a provision which requires exchange under the
terms laid down in Article 25(2) of the Regulations on
Drivers.

— Transitional provision number 7 of the Regulations on
Drivers is contrary to Annex III to the directive: Directive
91/439/EEC does not provide for the recognition of
acquired rights. According to Article 7(1)(a), the holder
of a driving licence must be able to meet minimum
standards of physical and mental
fitness for driving
power-driven vehicles, as laid down in Annex III to the
directive. Accordingly, when renewing the driving licence,
the holder must meet those minimum standards. The
Commission does not accept the argument put forward
by the Spanish authorities that the absence of any kind of
‘grandfather clause’ is due to an oversight.

that the Court should declare that the Kingdom of Spain:

(1) OJ 1991 L 237, p. 1.

— by adopting Articles 22 and 24 of the Regulations on
Drivers, has infringed Article 1(2) of Directive 91/439/
EEC (1);

— by adopting Article 25(2) of the Regulations on Drivers,
has infringed point 4 of Annex I to Directive 91/439/
EEC;

— by adopting transitional provision number 7 of the
Regulations on Drivers, has infringed Article 7(19(a) of
Directive 91/439/EEC;

and order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

— The obligation to enter the driving licence in a register of
Drivers and Offenders is contrary to Article 1(2) of
the Directive: the system of mandatory registration is
disproportionate to the objective it pursues because the
consequences of its non-observance are so severe. Use of
the power conferred by the directive to apply Spanish
rules on duration and medical checks is in no way
hindered or diluted by failure to register. Furthermore, in
order to ensure the effectiveness of a points system or
any system which takes note of recidivism it is sufficient,
for example, for the details of the licence in question to
be recorded upon the first offence.

Action brought on 27 May 2002 by the Commission of
the European Communities against the Kingdom of Spain

(Case C-197/02)

(2002/C 191/30)

An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 27 May
2002 by the Commission of the European Communities,
represented by Gregorio Valero Jordana, acting as Agent, with
an address for service in Luxembourg at the office of Luis
Escobar Guerrero, also of the Legal Service, Wagner Centre.