Case C-335/06: Reference for a preliminary ruling from the Verwaltungsgericht Chemnitz (Germany) lodged on 3 August 2006 — Manfred Seuke v Landkreis Mittlerer Erzgebirgskreis
Date: 2006-10-28
Institutions: Court of Justice
Subjects: European driving licence, driving licence, interpretation of the law, mutual recognition principle, technical standard, traffic regulations

28.10.2006

EN

Official Journal of the European Union

C 261/11

Reference for a preliminary ruling from the Verwaltungs-
gericht Chemnitz (Germany) lodged on 3 August 2006 —
Matthias Zerche v Landkreis Mittweida

Parties to the main proceedings

Applicant: Steffen Schubert

(Case C-334/06)

(2006/C 261/19)

Language of the case: German

Referring court

Verwaltungsgericht Chemnitz

Parties to the main proceedings

Applicant: Matthias Zerche

Defendant: Landkreis Mittweida

Questions referred

in the territory of

Are the combined provisions of Article 1(2) and Article 8(2)
and (4) of Directive 91/439/EEC (1)
to be interpreted as
meaning that a Member State within its territory may refuse to
recognise a right to drive under a driving licence issued by
another Member State where the holder of the foreign EU
driving licence has previously,
the first
Member State, had his driving licence withdrawn or cancelled
for some reason,
if the ban on the issue of a new driving
licence in that Member State, with which that measure was
coupled, had expired before the driving licence was issued in
the other Member State and if it is to be concluded on the
basis of objective evidence (non-residence in the Member State
issuing the driving licence or the failure of an application for
the national driving licence to be restored) that the only reason
for acquiring the foreign EU driving licence was to circumvent
the strict substantive requirements of national procedure for
the restoration of a driving licence, particularly the need for a
medical/psychological report?

(1) OJ L 237, p. 1.

Defendant: Landkreis Mittlerer Erzgebirgskreis

Questions referred

1. Is a Member State permitted, in conformity with Article 1(2)
and Article 8(2) and (4) of Directive 91/439/EEC, to require
a holder of a driving licence issued in another Member State
to apply to the national authority of the first Member State
for recognition of the right to drive in its territory where
the holder of the foreign EU driving licence has previously,
in the territory of the first Member State, had his driving
withdrawn or cancelled for some reason?

If not:

2. Are the combined provisions of Article 1(2) and Article 8(2)
and (4) of Directive 91/439/EEC (1) to be interpreted as
meaning that a Member State within its territory may refuse
to recognise a right to drive under a driving licence issued
by another Member State where the holder of the foreign
EU driving licence has previously, in the territory of the first
Member State, had his driving licence withdrawn or
cancelled for some reason, if the ban on the issue of a new
driving licence in that Member State, with which that
measure was coupled, had expired before the driving licence
was issued in the other Member State and if it is to be
concluded on the basis of objective evidence (non-residence
in the Member State issuing the driving licence or the
failure of an application for the national driving licence to
be restored) that the only reason for acquiring the foreign
EU driving licence was to circumvent the strict substantive
requirements of national procedure for the restoration of a
driving licence, particularly the need for a medical/psycholo-
gical report?

(1) OJ L 237, p. 1.

Reference for a preliminary ruling from the Verwaltungs-
gericht Chemnitz (Germany) lodged on 3 August 2006 —
Manfred Seuke v Landkreis Mittlerer Erzgebirgskreis

(Case C-335/06)

(2006/C 261/20)

Language of the case: German

Reference for a preliminary ruling from the Verwaltungs-
gericht Chemnitz (Germany) lodged on 3 August 2006 —
Manfred Seuke v Landkreis Mittweida

(Case C-336/06)

(2006/C 261/21)

Language of the case: German

Referring court

Referring court

Verwaltungsgericht Chemnitz

Verwaltungsgericht Chemnitz