CELEX: 62008CO0445
Language: en
Date: 2009-07-09 00:00:00
Title: Order of the Court (Third Chamber) of 9 July 2009.#Kurt Wierer v Land Baden-Württemberg.#Reference for a preliminary ruling: Verwaltungsgerichtshof Baden-Württemberg - Germany.#Article 104(3), first subparagraph, of the Rules of Procedure - Driving licence - Directive 91/439/EEC - Withdrawal of national licence for drunk driving - Failure to produce a medical-psychological certificate which is required in order to obtain a new licence in the host Member State - Licence issued in another Member State - Verification by the host Member of State of the residence condition - Possibility of relying on the information provided by the holder of the licence by virtue of his obligation to cooperate under the national law of the host Member State - Possibility of carrying out investigations in the issuing Member State.#Case C-445/08.

Order of the Court (Third Chamber) of 9 July 2009 – Wierer v Land Baden-Württemberg
      (Case C‑445/08)
      Article 104(3), first subparagraph, of the Rules of Procedure – Driving licence – Directive 91/439/EEC – Withdrawal of national licence for drunk driving – Failure to produce a medical-psychological certificate required in order to obtain a new licence in the host Member State
         – Licence issued in another Member State – Verification by the host Member of State of the residence condition – Whether possible to rely on the information provided by the holder of the licence by virtue of his obligation to cooperate
         under the national law of the host Member State – Whether possible to carry out investigations in the issuing Member State
      
      Transport – Road transport – Driving licences – Directive 91/439 (Council Directive 91/439, as amended by Regulation No 1882/2003, Arts 1(2), 7(1) and 8(2) and (4) (see
         paras 59-63, operative part)
      
      Re: 
      
         
               Reference for a preliminary ruling – Verwaltungsgerichtshof Baden-Württemberg (Germany) – Interpretation of Article 9 of Directive
                  91/439/EEC of 29 July 1991, on driving licences (OJ 1991 L 237, p. 1) – Refusal to recognise a driving licence issued in another
                  Member State in disregard of the residence condition – Whether possible for the host Member State, for the purpose of ascertaining
                  whether the residence condition was satisfied at the time when the driving licence was issued, to rely on statements and information
                  provided by the driving licence holder in the course of administrative procedures or court proceedings and which he was obliged
                  to provide, or, where appropriate, to conduct further investigations in the issuing Member State – Holder having had his national
                  licence withdrawn for drunk driving, and having been unable to produce the medical-psychological report required in order
                  to obtain a new licence in his State of residence.
               
            Operative part:
      Articles 1(2), 7(1) and 8(2) and (4) of Council Directive 91/439/EEC of 29 July 1991 on driving licences, as amended by Regulation
         (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003, must be interpreted as meaning that
         a Member State is precluded from refusing, within its territory, to recognise a right to drive under a driving licence subsequently
         issued by another Member State to a person who has earlier, in the host Member State, had his previous driving licence withdrawn
         for drunk driving, and when that second licence has been obtained after any period in which he is forbidden to apply for a
         new licence,  if it transpires:
      
      –        that, on the basis of the explanations and information provided by the holder of that licence in the course of administrative
         procedures or court proceedings pursuant to an obligation to cooperate imposed on him under the national law of the host Member
         State, the condition of residence was not observed by the Member State which issued that licence,
      
      or 
      –        that information obtained during investigations conducted by the national authorities and courts of the host Member State
         in the issuing Member State is not incontestable information from the issuing Member State attesting that the holder was not
         normally resident in the territory of that State when it issued a driving licence.