Case C-329/06: Reference for a preliminary ruling from the Verwaltungsgericht Sigmaringen (Germany) lodged on 28 July 2006 — Arthur Wiedemann v Land Baden-Württemberg
Date: 2006-10-14
Institutions: Court of Justice
Subjects: administrative sanction, driving licence, fraud, harmonisation of standards, interpretation of the law, traffic regulations

14.10.2006

EN

Official Journal of the European Union

C 249/3

Reference for a preliminary ruling from the Consiglio di
Stato (Italy) lodged on 17 July 2006 — Consiglio Nazionale
degli Ingegneri v Ministero della Giustizia, Marco Caval-
lera

Parties to the main proceedings

Applicant: Arthur Wiedemann

(Case C-311/06)

(2006/C 249/06)

Defendant: Land Baden-Württemberg

Language of the case: Italian

Questions referred

Referring court

Consiglio di Stato

Parties to the main proceedings

Appellant: Consiglio Nazionale degli Ingegneri

Respondents: Ministero della Giustizia, Marco Cavallera

Questions referred

1. Does Directive 89/48/EEC (1) apply to an Italian national
who: (a) obtained a three-year degree in engineering in Italy;
(b) obtained recognition of the Italian qualification as being
corresponding Spanish qualification;
equivalent
(c) obtained registration in the Spanish register of engineers
but never pursued that profession in Spain; (d) applied, on
the basis of the Spanish recognition of equivalence,
for
registration in the register of engineers in Italy?

to the

2. If the answer to the first question is in the affirmative, is a
domestic provision (Article 1 of Legislative Decree No 115
of 1992) that does not permit recognition in Italy of a quali-
fication of a Member State which in turn is exclusively the
result of recognition of a previous Italian qualification
compatible with Directive 89/48/EEC?

(1) OJ L 19, p. 16.

1. Are Articles 1(2)

(4)

and

and 8(2)

of Directive
91/439/EEC (1) to be interpreted as meaning that the with-
drawal of a driving licence by administrative authorities in
the State of residence on account of unfitness to drive does
not preclude another Member State from granting a driving
licence, and that in principle the State of residence must
recognise such a driving licence?

2. Are Articles 1(2), 7(1a) in conjunction with Annex III, and
8(2) and (4) of Directive 91/439/EEC to be interpreted as
meaning that there is no obligation on the State of residence
to recognise a driving licence which, following the with-
drawal of his driving licence by his State of residence, a
person has obtained by means of a fraud practised upon the
driving licence authorities of the issuing State and without
proof that he has become fit to drive again, or who has
obtained it by means of colluding with employees of the
authorities of the issuing State?

3. Are Articles 1(2) and 8(2) and (4) of Directive 91/439/EEC
to be interpreted as meaning that where its administrative
authorities have withdrawn a driving licence the State of
residence may temporarily suspend recognition or prohibit
the use of a driving licence issued by another Member State
while the issuing State is considering whether to withdraw
that driving licence, it having been obtained fraudulently?

(1) OJ L 237, p 1

Action brought on 4 August 2006 — Commission of the
European Communities v Republic of Austria

Reference for a preliminary ruling from the Verwaltungs-
gericht Sigmaringen (Germany) lodged on 28 July 2006 —
Arthur Wiedemann v Land Baden-Württemberg

(Case C-329/06)

(2006/C 249/07)

Language of the case: German

Parties

(Case C-340/06)

(2006/C 249/08)

Language of the case: German

Referring court

Applicant: Commission of the European Communities (repre-
sented by: U. Wölker, acting as Agent)

Verwaltungsgericht Sigmaringen

Defendant: Republic of Austria