Case C-230/05 P: Order of the Court of  27 April 2006  — L v Commission of the European Communities (Appeal — Officials — Harassment — Commission's duty to provide assistance — Liability — Refusal by the Court of First Instance to allow the examination of witnesses — Offer of supplementary evidence which did not exist at the closing of the written procedure — Refusal to withdraw an allegedly defamatory document from the file — Obligation to provide reasons — Principal of sound administration — Appeal in part manifestly unfounded and in part manifestly inadmissible)
Date: 2006-07-29
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

C 178/14

EN

Official Journal of the European Union

29.7.2006

Parties

Applicant: Daniel Halbritter

Defendant: Freistaat Bayern (represented by the Landesan-
waltschaft Bayern)

Re:

Reference for a preliminary ruling — Bayerisches Verwaltungs-
gericht München — Interpretation of Article 1(2) and Article
8(2) and (4) of Council Directive 91/439/EEC of 29 July 1991
on driving licences (OJ 1991 L 237, p. 1) — Refusal to recog-
nise the validity or the exchange of a driving licence issued,
after the expiry of the temporary ban, by another Member
State, against a holder whose national driving licence had been
confiscated for driving under the influence of narcotics — Duty
to take aptitude tests

Operative part of the order

1. The combined provisions of Article 1(2) and Article 8(2) and (4)
of Council Directive 91/439/EEC of 29 July 1991 on driving
licences, as amended by Council Directive 97/26/EC of 2 June
1997, preclude a Member State from refusing to recognise, within
its territory, the right to drive conferred by a driving licence issued
in another Member State and, accordingly, the validity of that
licence, on the ground that the holder of that licence, whose licence
had previously been confiscated within the territory of the first
Member State, did not take the test for aptitude to drive required
by the law of that State in order for a new licence to be supplied
following the confiscation of
licence, where the
temporary ban on obtaining a new licence imposed at the same
time as that confiscation had expired when the driving licence was
supplied in the other Member State;

the previous

2. The combined provisions of Article 1(1) and Article 8(2) and (4)
of Council Directive 91/439, as amended by Council Directive
97/26, preclude a Member State, which has received a request, in
circumstances such as those in the present case, to exchange a
valid driving licence supplied in another Member State for a
national driving licence, from making such an exchange subject to
the condition that the applicant take a new test of his aptitude to
drive, required by the law of the first Member State in order to
remove any doubts in that regard by reason of circumstances
predating the acquisition of the licence in the other Member State.

Order of the Court of 27 April 2006 — L v Commission
of the European Communities

(Case C-230/05 P) (1)

(Appeal — Officials — Harassment — Commission's duty
to provide assistance — Liability — Refusal by the Court of
First Instance to allow the examination of witnesses — Offer
of supplementary evidence which did not exist at the closing
of the written procedure — Refusal to withdraw an allegedly
defamatory document from the file — Obligation to provide
reasons — Principal of sound administration — Appeal in
part manifestly unfounded and in part manifestly inadmis-
sible)

(2006/C 178/23)

Language of the case: French

Parties

Applicant: L (represented by: P. Legros and S. Rodrigues,
avocats)

Other party to the proceedings: Commission of the European
Communities (represented by: J. Curral, Agent, assisted by D.
Waelbroeck, avocat)

Re:

Appeal brought against the judgment of the Court of First
Instance (Fourth Chamber) of 9 March 2005 in Case T-254/02
L v Commission in which the Court of First Instance dismissed,
first, the action for annulment of the decisions of the Commis-
sion rejecting the request for assistance, access to documents
and compensation and refusing to recognise an occupational
disease and, secondly,
the claim for damages for the loss
suffered as a result of those decisions

Operative part of the order

1. The appeal is dismissed;

2. The applicant is ordered to pay the costs.

(1) OJ C 182, 23.7.2005.

(1) OJ C 182, 23.7.2005.