CELEX: 62007CA0001
Language: en
Date: 2008-11-20 00:00:00
Title: Case C-1/07: Judgment of the Court (Third Chamber) of 20 November 2008 (Reference for a preliminary ruling from the Landgericht Siegen — Germany) — Criminal proceedings against Frank Weber (Directive 91/439/EEC — Mutual recognition of driving licences — Temporary suspension of a driving licence — Withdrawal of right to drive — Validity of a second driving licence obtained in another Member State during the period of temporary suspension)

10.1.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 6/2
            
         Judgment of the Court (Third Chamber) of 20 November 2008 (Reference for a preliminary ruling from the Landgericht Siegen — Germany) — Criminal proceedings against Frank Weber
   (Case C-1/07) (1)
   
   (Directive 91/439/EEC - Mutual recognition of driving licences - Temporary suspension of a driving licence - Withdrawal of right to drive - Validity of a second driving licence obtained in another Member State during the period of temporary suspension)
   (2009/C 6/03)
   Language of the case: German
   Referring court
   Landgericht Siegen
   Party in the main proceedings
   Frank Weber
   Re:
   Reference for a preliminary ruling — Landgericht Siegen — 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, in its territory, of a driving licence obtained in another Member State during a driving ban before the administrative withdrawal of the right to drive by 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 must be interpreted as meaning that a Member State is not precluded from refusing to recognise, in its territory, a right to drive under a driving licence issued by another Member State to a person whose right to drive was withdrawn, in the territory of the first Member State, even though that withdrawal was ordered after the issue of that driving licence, provided that the licence was obtained during a period in which a licence issued in the first Member State was suspended and both the suspension and the withdrawal are based on grounds existing at the date of issue of the second driving licence.
   
      (1)  OJ C 42, 24.2.2007.