CELEX: 62007CB0225
Language: en
Date: 2008-07-03 00:00:00
Title: Case C-225/07: Order of the Court (Third Chamber) of 3 July 2008 — (reference for a preliminary ruling from the Amtsgericht Landau/Isar (Germany)) — Criminal proceedings against Rainer Günther Möginger (First paragraph of Article 104(3) of the Rules of Procedure — Directive 91/439/EEC — Mutual recognition of driving licences — Withdrawal of driving licence — Temporary ban on obtaining a new right to drive — Validity of a permit obtained in another Member State during the period of the ban)

8.11.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 285/11
            
         Order of the Court (Third Chamber) of 3 July 2008 — (reference for a preliminary ruling from the Amtsgericht Landau/Isar (Germany)) — Criminal proceedings against Rainer Günther Möginger
   (Case C-225/07) (1)
   
   (First paragraph of Article 104(3) of the Rules of Procedure - Directive 91/439/EEC - Mutual recognition of driving licences - Withdrawal of driving licence - Temporary ban on obtaining a new right to drive - Validity of a permit obtained in another Member State during the period of the ban)
   (2008/C 285/18)
   Language of the case: German
   Referring court
   Amtsgericht Landau/Isar (Germany)
   Criminal proceedings against
   Rainer Günther Möginger
   Action
   Reference for a preliminary ruling — Amtsgericht Landau/Isar — Interpretation of Article 8(2) and (4) of Council Directive 91/439/EEC of 29 July 1991 on driving licences (OJ 1991 L 237, p. 1) — Non-recognition by the Member State of residence, on its territory, of a driving licence obtained in another Member State during the period of a temporary ban on applying for a new licence in the Member State of residence
   Operative part of the judgment
   Articles 1(2) 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 they do not preclude a Member State from refusing to recognise the validity of a driving licence issued by another Member State where the holder of that licence was, on the date the licence was issued, subject to a temporary ban on obtaining a new right to drive in the first Member State. In this respect, the fact that the question of validity arises after the date that marked the end of the period of the ban is irrelevant.
   
      (1)  OJ C 183, 4.8.2007