CELEX: C2001/212/16
Language: en
Date: 2001-07-28 00:00:00
Title: Case C-178/01: Action brought on 24 April 2001 by the Commission of the European Communities against the Republic of Austria

C 212/10               EN                     Official Journal of the European Communities                                     28.7.2001
Under the first paragraph of Article 10 EC, Member States are                  drive unoccupied Category D motor vehicles on ‘journeys
to take all appropriate measures, whether general or particular,               necessitated by extraordinary circumstances’ without
to ensure fulfilment of the obligations arising out of the Treaty              defining that criterion in any detail.
or resulting from action taken by the institutions of the
Community.                                                               —     Paragraphs 20(4) and 40(5) in conjunction with Para-
                                                                               graph 20(4) of the Führerscheingesetz are contrary to the
It is not disputed by the Hellenic Republic that it must adopt                 directive, inasmuch as they do not require holders of
measures to comply with the abovementioned directive.                          Category C1 driving licences to undergo periodic medical
                                                                               examinations.
The Commission records that until now the Hellenic Republic
has not adopted the appropriate measures for the full incorpor-
ation of the directive at issue into Greek law.
                                                                         (1) OJ 1991 L 237, p. 1.
(1) OJ L 80, 25.3.1999, p. 20.
Action brought on 24 April 2001 by the Commission                        Reference for a preliminary ruling by the Oberlandesger-
of the European Communities against the Republic of                      icht Köln by order of 30 March 2001 in the case of
                              Austria                                                            Hüseyin Gözütok
                         (Case C-178/01)                                                          (Case C-187/01)
                         (2001/C 212/16)                                                          (2001/C 212/17)
An action against the Republic of Austria was brought before             Reference has been made to the Court of Justice of the
the Court of Justice of the European Communities on 24 April             European Communities by order of 30 March 2001 of the
2001 by the Commission of the European Communities,                      Oberlandesgericht Köln (Higher Regional Court, Cologne),
represented by Gerald Braun, of its Legal Service, and Marie             which was received at the Court Registry on 30 April 2001,
Wolfcarius, Legal Adviser in the Legal Service of the European           for a preliminary ruling under Article 35(1) EC in conjunction
Commission, with an address for service in Luxembourg at the             with Paragraph 1(2) EuGHG in the criminal proceedings
office of Gérard Berscheid, Legal Adviser in the Legal Service           against Hüseyin Gözütok on the following question of
of the European Commission, Wagner Centre, Kirchberg.                    interpretation concerning Article 54 of the Convention of
                                                                         19 June 1990 implementing the Schengen Agreement of
The applicant claims that the Court should:                              14 June 1985 on the gradual abolition of checks at the
                                                                         common borders (the Schengen Implementing Convention):
(1) declare that, by enacting Paragraph 2(1)3.1.c of the
      Führerscheingesetz (Law on driving licences), the Repub-
      lic of Austria has infringed the fifth indent of Article 3(1)
      of Council Directive 91/439/EEC of 29 July 1991 on                 Is there a bar to prosecution in the Federal Republic of
      driving licences (1) and that, by enacting Paragraphs 20(4)        Germany under Article 54 of the Schengen Implementing
      and 40(5) in conjunction with Paragraph 20(4) of the               Convention if, under Netherlands law, a prosecution on the
      Führerscheingesetz, the Republic of Austria has infringed          same facts is barred in the Netherlands?
      point 4 of Annex III to that directive;
(2) order the defendant to pay the costs.                                In particular, is that also the case where a decision by the
                                                                         Public Prosecutor’s Office to discontinue proceedings after the
                                                                         fulfilment of conditions (Netherlands ‘transactie’), which under
                                                                         the law of other Contracting States requires judicial approval,
Pleas in law and main arguments
                                                                         bars prosecution before a Netherlands court?
—     Paragraph 2(1)3.1.c of the Führerscheingesetz goes fur-
      ther than Article 3 of the directive in relation to
      authorisation to drive Category C motor vehicles, inas-
      much as it permits an extensive class of persons also to