Case C-340/05: Reference for a preliminary ruling from the Oberlandesgericht München by order of that court of  9 September 2005  in the criminal proceedings against Stefan Kremer
Date: 2005-11-26
Institutions: Court of Justice
Subjects: driving licence, interpretation of the law, mutual recognition principle, traffic regulations

26.11.2005

EN

Official Journal of the European Union

C 296/15

— apply to him different conditions from those it applies
to its own nationals with regard to the granting, method
of calculation and duration of armed services pensions
intended to compensate for the sequelae of accidents or
illnesses arising in the course of service in its armed
forces?

7. Does the fact that the person concerned was not working at
the time when he made his pension claim and that the acci-
dent or illness on which this claim is based arose whilst he
was formerly engaged in active military service, namely
between 19 August 1949 and 16 August 1964, outside the
territorial boundaries of the Member State he was serving in
the capacity of a soldier, namely in Saigon, affect the replies
to the preceding questions?

or, does it follow from the principle of mutual recognition of
driving licenses laid down in Article 1(2) of the directive and
from the requirement that Article 8(4) of the directive should
be narrowly construed, that the host State must recognise the
validity of the driving licence without a prior control procedure
and that that host State merely has the authority to deny the
right to use the driving licence in the host State if reasons (still)
exist which justify the application of measures under Article
8(2) of the directive?

(1) OJ L 237, p. 1.

Reference for a preliminary ruling from the Oberlandes-
gericht München by order of that court of 9 September
2005 in the criminal proceedings against Stefan Kremer

(Case C-340/05)

(2005/C 296/27)

(Language of the case: German)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Oberlandesgericht München
(Germany) of 9 September 2005, received at the Court Registry
on 19 September 2005, for a preliminary ruling in the criminal
proceedings against Stefan Kremer.

The reference concerns the case where the driving licence of a
person in a Member State (host State) has been withdrawn by
the administrative authorities due to unfitness to drive or the
acquisition of such a licence has been refused, the acquisition
of a new driving licence in that host State is dependant on the
applicant obtaining a medical/psychological certificate proving
his fitness to drive in accordance with the provisions of that
host State, the applicant fails to obtain this, and subsequently
— before expiration of the driving ban in the host Member
State — he acquires a driving licence in another Member State
(issuing State).

Action brought on 22 September 2005 by the Commission
of the European Communities against Ireland

(Case C-355/05)

(2005/C 296/28)

(Language of the case: English)

An action against Ireland was brought before the Court of
Justice of the European Communities on 22 September 2005
by the Commission of the European Communities, represented
by Mr. Bernhard Schima and Ms. Doyin Lawumni, acting as
Agents, with an address for service in Luxembourg.

The applicant claims that the Court should:

1. declare that by failing to adopt all of the laws, regulations
or administrative provisions necessary to comply with
Directive 2003/55/EC of the European Parliament and of
the Council of 26 June 2003 concerning common rules for
the internal market in natural gas and repealing Directive
98/30/EC (1) or, in any event, by failing to notify such provi-
sions to the Commission, Ireland has failed to fulfil its obli-
gations under Article 33 of the Directive.

2. order Ireland to pay the costs.

Pleas in law and main arguments

The following questions are referred for a preliminary ruling:

The period within which the directive had to be transposed
expired on 1 July 2004.

Does Article 8(4) of Council Directive 91/439/EEC (1) permit,
in such a case, the host State to adopt a legal rule under which
a driving licence from an issuing State may be used in the host
State only on application and after examination as to whether
the conditions for the measure under Article 8(2) of the direc-
tive have ceased to apply,

(1) OJ L 176, 15.7. 2003