CELEX: C2006/326/46
Language: en
Date: 2006-12-30 00:00:00
Title: Case C-340/05: Order of the Court of 28 September 2006 — (reference for a preliminary ruling of Oberlandsgericht München — Germany) — Criminal proceedings against Stefan Kremer (First subparagraph of Article 104(3) of the Rules of Procedure — Directive 91/439/EEC — Mutual recognition of driving licences — Withdrawal of licence in one Member State — Licence issued in another Member State — Refusal to recognise the right to drive in the first Member State — Requirement of compliance with national conditions for obtaining a new licence following a withdrawal)

30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 326/23
            
         Order of the Court of 28 September 2006 — (reference for a preliminary ruling of Oberlandsgericht München — Germany) — Criminal proceedings against Stefan Kremer
   (Case C-340/05) (1)
   
   (First subparagraph of Article 104(3) of the Rules of Procedure - Directive 91/439/EEC - Mutual recognition of driving licences - Withdrawal of licence in one Member State - Licence issued in another Member State - Refusal to recognise the right to drive in the first Member State - Requirement of compliance with national conditions for obtaining a new licence following a withdrawal)
   (2006/C 326/46)
   Language of the case: German
   Referring court
   Oberlandsgericht München (Germany)
   Criminal proceedings against
   Stefan Kremer
   Action
   Reference for a preliminary ruling — Oberlandsgericht München — Interpretation of Articles 1(2) and 8(2) and (4) of Council Directive 91/439/EEC of 29 July 1991 on driving licences (OJ 1991 L 237, p. 1) — Refusal to recognise the validity of a driving licence issued by another Member State, raised against the holder having had his national licence withdrawn without a prohibition period, due to repeated offences under the road traffic act — Obligation to provide beforehand a medical-psychological opinion attesting to aptitude to drive
   Operative part of the judgment
   The Court hereby orders:
   The combined provisions of Articles 1(2) and 8(2) and (4) of Council Directive 91/439/EEC of 29 July 1991 on driving licences, as amended by Council Directive 97/26/EC of 2 June 1997, preclude a Member State from refusing to recognise, on its territory, the right to drive resulting from a driving licence issued in another Member State and, accordingly, the validity of that licence so long as the holder of that licence, whose previous licence in the territory of the first Member State was withdrawn without a measure prohibiting the holder from obtaining a new licence, has not complied with the conditions required under the laws of that first Member State for the issuance of a new licence following that withdrawal, including an examination of aptitude to drive attesting that the grounds for that withdrawal are no longer present.
   
      (1)  OJ C 296, 26.11.2005.