Case C-230/05 P: Appeal brought on 26 May 2005 by L against the judgment of the Court of First Instance of the European Communities (Fourth Chamber) of 9 March 2005 in Case T-254/02 L v Commission of the European Communities
Date: 2005-07-23
Institutions: Court of Justice
Subjects: European Commission, General Court (EU), access to information, action for annulment (EU), legal aid, occupational disease, rights of the defence

23.7.2005

EN

Official Journal of the European Union

C 182/33

(a) where the law of the first Member State is based on the
premiss that evidence of fitness to drive as a substantive
condition for restoration of a driving licence must be
adduced in the form of a medical-psychological report
specifically governed by national legislation and ordered
by the authorities (which has not yet been done)

and/or

(b) where under national law there is an entitlement in the
territory of the first Member State to be granted the
right to make use of an EU driving licence issued after
the expiry of the ban if the internal reasons for the with-
drawal or for the ban no longer exist?

2. Should Article 1(2) in conjunction with Article 8(2) and (4)
of Directive 91/439/EEC be interpreted as meaning that, in
the event of an application for a driving licence to be
granted to the holder of a driving licence from another
Member State being made by handing over the driving
licence of that other Member State (so-called ‘reregistration’),
a Member State, simply by virtue of the EU driving licence
is
having been granted by that other Member State,
precluded from conducting a further examination of fitness
— as stated by its internal law to be a condition for the
grant of a licence and regulated therein — having regard to
the circumstances in existence at
the EU
driving licence was granted?

the time that

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

3. order the defendant to pay all the costs.

Pleas in law and main arguments

The contested judgment:

— first, infringed the rights of the defence and the interests of
the applicant, in that the Court of First Instance committed
several procedural irregularities and made several manifest
errors of assessment and vitiated the contested judgment by
not stating reasons, and

— second,

infringed Community law by not drawing any
consequences from the breach by the defendant of its obli-
gations concerning the transmission of correspondence to
its staff and the treatment within a reasonable time of its
staff's affairs, by virtue of the general principle of sound
administration.

Removal from the register of Case C-384/03 (1)

(2005/C 182/59)

(Language of the case: Spanish)

By order of 28 April 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-384/03: Commission of the European
Communities v Kingdom of Spain.

Appeal brought on 26 May 2005 by L against the judg-
ment of the Court of First Instance of the European
Communities (Fourth Chamber) of 9 March 2005 in Case
T-254/02 L v Commission of the European Communities

(1) OJ C 264 of 01.11.2003.

(Case C-230/05 P)

(2005/C 182/58)

(Language of the case: French)

An appeal against the judgment of the Court of First Instance
of the European Communities (Fourth Chamber) of 9 March
2005 in Case T-254/02 L v Commission of the European
Communities was brought before the Court of Justice of the
European Communities on 26 May 2005 by L, represented by
P. Legros and S. Rodrigues, avocats.

The appellant claims that the Court should:

1. set aside the contested judgment of

the Court of First
Instance of the European Communities of 9 March 2005 in
Case T-254/02;

2. uphold the claims for annulment and compensation made

at first instance;

Removal from the register of Case C-440/03 (1)

(2005/C 182/60)

(Language of the case: German)

By order of 4 April 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-440/03: Commission of the European
Communities v Federal Republic of Germany.

(1) OJ C 289 of 29.11.2003.