CELEX: C1997/252/35
Language: en
Date: 1997-08-16 00:00:00
Title: Reference for a preliminary ruling by the Hof van Cassatie van België by order of that court of 17 June 1997 in the case of Awoyemi Ibiyinka against Openbaar Ministerie (Case C-230/97)

No C 252/ 18            EN                  Official Journal of the European Communities                                       16 . 8 . 97
Article 3 ( 3 ) and Columns C, D and E of Annex I to the                      national driving licence issued by a Member State or a
Directive and, secondly, Article 4 (2 ), Article 5 or footnote                Community model driving licence and who could have
No 10 to Annex I to the Directive .                                           obtained a licence from the host State in exchange for
                                                                              that licence, but on 27 July 1993 had not made that
                                                                              exchange within the prescribed period, from being
(>) OJ No L 271 , 29 . 10 . 1979, p . 44 .
( 2 ) OJ No L 302, 15 . 11 . 1985 .
                                                                             treated as driving without a licence and thus rendered
                                                                             punishable by imprisonment or a fine ?
                                                                       (') OJ No L 375 , 31 . 12 . 1980, p . 1 .
                                                                       ( 2 ) OJ No L 237, 24 . 8 . 1991 , p. 1 .
Reference for a preliminary ruling by the Hof van Cassatie
van Belgie by order of that court of 17 June 1997 in the
     case of Awoyemi Ibiyinka against Openbaar Ministerie
                           Case C-230/97 )                             Reference for a preliminary ruling from the Raad van
                            ( 97/C 252/35 )                            Staat, Netherlands, by judgment of that court of 17 June
                                                                       1997 in the case of A. M. L. Van Rooij v. Dagelijks
                                                                                    Bestuur van het Waterschap de Dommel
                                                                                                   Case C-231 /97 )
Reference has been made to the Court of Justice of the
European Communities by order of the Hof van Cassatie                                              ( 97/C 252/36 )
van Belgie ( Belgian Court of Cassation ) of 17 June 1997,
which was received at the Court Registry on 24 June
1997, for a preliminary ruling in the case of Awoyemi
Ibiyinka against Openbaar Ministerie on the following                  Reference has been made to the Court of Justice of the
questions :
                                                                       European Communities by a judgment of the Raad van
                                                                       State ( Council of State ), Netherlands, of 17 June 1997,
                                                                       which was received at the Court Registry on 25 June
                                                                       1997, for a preliminary ruling in the case of A. M. L. Van
1 . Do the provisions of the first Council Directive 80/               Rooij v. Dagelijks Bestuur van het Waterschap de Dommel
       1263/EEC (*) of 4 December 1980 on the introduction
                                                                       ( Management Committee of the Dommel Water Board ) on
       of a Community driving licence, in particular Article 8         the following questions :
       thereof, preclude the driving of a motor vehicle by a
       person who is not a citizen of the European Union but
       who holds a national driving licence issued by a                1 . Must the term 'discharge' in Article 1 ( 2 ) ( d ) of
       Member State or a Community model driving licence                      Council Directive 76/464/EEC of 4 May 1976 on
       and who could have obtained a licence from the host
                                                                             pollution caused by certain dangerous substances
       State in exchange for it, but who did not do so within                 discharged into the aquatic environment of the
       the prescribed period, from being treated as driving                   Community ( OJ No L 129, 18 . 5 . 1976, p. 23 ) be
       without a licence and thus rendered punishable by                      interpreted to include the precipitation of
       imprisonment or a fine ?                                              contaminated water on to surface water ? In that
                                                                             connection does the distance from which the steam in
                                                                              question is precipitated onto the surface water have
2 . Do Article 1 (2 ) of Council Directive 91/439/EEC ( 2 )                   any relevance ?
       of 29 July 1991 on driving licences, providing for
       mutual recognition for driving licences issued by the
       Member States, and the right provided for in                    2 . Does the term 'discharge' cover steam first precipitated
       Article 8 ( 1 ) of that Directive to exchange licences                 onto land and roofs and, then reaching the surface
       mean that a person who is not a citizen of the                        water, by way of storm water drains, whether
       European Union, but who holds a national driving                       belonging to the establishment concerned or to
       licence issued by a Member State or a Community                       residential or other buildings ? Is it relevant to the
       model driving licence and has his normal residence in                  reply to be given to this question whether the
       the territory of another Member State, has the right,                 contaminated steam reaches the surface water by way
       even where there are no national rules in this regard,                 of the    storm   water      drains  of the establishment
       to rely on the application of those provisions in court               concerned or via those belonging to third parties ?
       proceedings as from 1 July 1996 ?
                                                                       3 . If Questions 1 and/or 2 are answered in the negative,
3 . If the answer to Question 2 is in the affirmative, do                     is it permissible for national legislation to assign a
       Articles 1 (2 ) and 8 ( 1 ) of Council Directive 91/439/               different, more wide-ranging meaning to the term
       EEC of 29 July 1991 on driving licences have                           'discharge' than that contained in the Directive ?
       retroactive effect in the sense that they preclude the
       driving of a motor vehicle by a person who is not a
       citizen of the European Union but who holds a