Case C-590/10: Order of the Court (Sixth Chamber) of 22 November 2011 (reference for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof — Germany) — Wolfgang Köppl v Freistaat Bayern (First subparagraph of Article 104(3) of the Rules of Procedure — Directive 91/439/EEC — Article 1(2) and Article 8(2) and (4) — Article 7(1) — Mutual recognition of driving licences — Withdrawal of national driving authorisation — Category B driving licence issued by another Member State — Disregard of the residence requirement — Subsequent issue, by the same Member State, of a Category C driving licence — Observance of the residence requirement — Whether obligatory to hold a valid licence for Category B vehicles at time of issue of licence for Category C vehicles)
Date: 2011-11-22
Institutions: Court of Justice
Subjects: Germany, approximation of laws, driving licence, mutual recognition principle








C_2012109EN.01000301.xml










14.4.2012   


EN


Official Journal of the European Union


C 109/3





Order of the Court (Sixth Chamber) of 22 November 2011 (reference for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof — Germany) — Wolfgang Köppl v Freistaat Bayern
(Case C-590/10) (1)

(First subparagraph of Article 104(3) of the Rules of Procedure - Directive 91/439/EEC - Article 1(2) and Article 8(2) and (4) - Article 7(1) - Mutual recognition of driving licences - Withdrawal of national driving authorisation - Category B driving licence issued by another Member State - Disregard of the residence requirement - Subsequent issue, by the same Member State, of a Category C driving licence - Observance of the residence requirement - Whether obligatory to hold a valid licence for Category B vehicles at time of issue of licence for Category C vehicles)
2012/C 109/04
Language of the case: German

Referring court

Bayerischer Verwaltungsgerichtshof

Parties to the main proceedings


Applicant: Wolfgang Köppl

Defendant: Freistaat Bayern

Re:

Reference for a preliminary ruling — Bayerischer Verwaltungsgerichtshof — Interpretation, in the light of Article 2(1) and Article 3(1) of the Charter of Fundamental Rights of the European Union, 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) — Category B driving licence issued by a Member State, without regard to the residence requirement, to a national of another Member State after the withdrawal of his national licence and after the expiry of the period in which an application for a new licence is prohibited — Subsequent issue, by the same Member State, of a Category C driving licence respecting the residence requirement — Whether the Member State of residence can refuse to recognise the validity of those licences

Operative part of the order

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 Commission Directive 2000/56/EC of 14 September 2000, do not preclude a Member State from refusing to recognise authorisations to drive Category B and C vehicles issued by another Member State to an individual in respect of whom the first Member State has adopted measures under Article 8(2) of that directive, where the authorisation to drive Category B vehicles was issued in the second Member State without regard, as is apparent from the details specified in the driving licence issued in respect of that authorisation, to the normal residence requirement laid down in Article 7(1)(b) of that directive and where the authorisation to drive Category C vehicles was issued on the basis of the first authorisation and the non-compliance with that normal residence requirement is not apparent in the new driving licence issued in respect of that authorisation to drive Category C vehicles.


(1)  OJ C 95, 26.3.2011.