Case C-227/05: Order of the Court of  6 April 2006  (reference for a preliminary ruling from the Bayerisches Verwaltungsgericht München- Germany) — Daniel Halbritter v Freistaat Bayern, represented by the Landesanwaltschaft Bayern (First subparagraph of Article 104(3) of the Rules of Procedure — Directive 91/439/EEC — Mutual recognition of driving licences — Confiscation of driving licence in one Member State accompanied by temporary ban on acquiring a new licence — Licence issued in another Member State after the expiry of the temporary ban — Recognition and exchange of that licence in the first Member State — Presentation of a report on aptitude to drive required by national law)
Date: 2006-07-29
Institutions: Court of Justice
Subjects: driving licence, interpretation of the law, mutual recognition principle, traffic regulations

29.7.2006

EN

Official Journal of the European Union

C 178/13

Criminal proceedings against

Sébastien Victor Leroy

Other parties to the proceedings: European Parliament (represented
by: K. Bradley and M. Moore, Agents), Council of the European
Union (represented by E. Karlson and C. Giorgi Fort, Agents)

Action

Re:

Reference for a preliminary ruling — Cour de cassation,
Belgium — Interpretation of Articles 49 to 55 of the EC Treaty
with regard to national legislation prohibiting, on pain of crim-
inal penalties, a person who resides and works in the national
territory from using a vehicle which belongs to a leasing
company established in another Member State and registered in
that State

Operative part of the judgment

Articles 49 EC to 55 EC do not preclude the domestic legislation of a
Member State, such as that at issue in the main proceedings, from
prohibiting a person who resides and works in that State from using,
in that State, a vehicle which he has rented from a leasing company
established in another Member State, when that vehicle has not been
registered in the first State and it is intended that it should be used
there essentially on a permanent basis or is,
in fact, used in that
manner.

Appeal brought against the Order of the Court of First Instance
(Third Chamber) of 10 December 2004 in Case T-196/03 EFfCI
v Parliament and Council — Admissibility of an action for partial
annulment of Article 1 of Directive 2003/15/EC of the Euro-
the Council of 27 February 2003
pean Parliament and of
amending Council Directive 76/768/EEC on the approximation
of the laws of the Member States relating to cosmetic products
(OJ L 2003 66, p. 26) — Person directly and individually
the fourth paragraph of
concerned within the meaning of
Article 230 EC

Operative part of the order

1. The appeal is dismissed;

2. The European Federation for Cosmetic Ingredients is ordered to

pay the costs.

(1) OJ C 300, 4.12.2004.

(1) OJ C 115, 14.5.2005.

Order of the Court of 30 March 2006 — European Federa-
tion for Cosmetic Ingredients (EFfCI) v European Parlia-
ment and Council of the European Union

Order of the Court of 6 April 2006 (reference for a preli-
minary ruling from the Bayerisches Verwaltungsgericht
München- Germany) — Daniel Halbritter v Freistaat
Bayern, represented by the Landesanwaltschaft Bayern

(Case C-113/05 P) (1)

(Case C-227/05) (1)

(Appeal — Directive 2003/15/EC — Action for annulment
— Cosmetic products — Protection of public health —
Experiments on animals — Prohibition of substances which
are carcinogenic, mutagenic or toxic for reproduction —
Appeal in part manifestly inadmissible and in part manifestly
unfounded)

(First subparagraph of Article 104(3) of the Rules of Proce-
dure — Directive 91/439/EEC — Mutual recognition of
driving licences — Confiscation of driving licence in one
Member State accompanied by temporary ban on acquiring a
new licence — Licence issued in another Member State after
the expiry of the temporary ban — Recognition and exchange
of that licence in the first Member State — Presentation of a
report on aptitude to drive required by national law)

(2006/C 178/21)

Language of the case: English

(2006/C 178/22)

Language of the case: German

Parties

National court

Applicant: European Federation for Cosmetic Ingredients (EFfCI)
(represented by: K. Van Maldegem and C. Mereu, lawyers)

Bayerisches Verwaltungsgericht München

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.