CELEX: 62007CO0225
Language: en
Date: 2008-07-03 00:00:00
Title: Order of the Court (Third Chamber) of 3 July 2008.#Criminal proceedings against Rainer Günther Möginger.#Reference for a preliminary ruling: Amtsgericht Landau/Isar - Germany.#Article 104(3), first subparagraph, of the Rules of Procedure - Directive 91/439/EEC - Mutual recognition of driving licences - Withdrawal of driving licence - Temporary ban on the issuing of a new licence - Validity of a licence obtained in another Member State during the period of the ban.#Case C-225/07.

Order of the Court (Third Chamber) of 3 July 2008 – Criminal proceedings against Möginger
      (Case C‑225/07)
      Article 104(3), first subparagraph, of the Rules of Procedure – Directive 91/439/EEC – Mutual recognition of driving licences – Withdrawal of driving licence – Temporary ban on the issuing of a new licence – Validity of a licence obtained in another Member State during the period of the ban
      Transport – Road transport – Driving licences – Directive 91/439 (Council Directive 91/439, as amended by Regulation No 1882/2003, Arts 1(2) and 8(2) and (4)) (see para.
         45, operative part)
      
      Re: 
      
         
               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
      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 on which the licence was issued, subject to a temporary ban on obtaining
         a new driving licence in the first Member State. The fact that the question of validity arose after the date that marked the
         end of the period of the ban is irrelevant.