CELEX: C2002/191/29
Language: en
Date: 2002-08-10 00:00:00
Title: Case C-195/02: Action brought on 27 May 2002 by the Commission of the European Communities against the Kingdom of Spain

C 191/18              EN                     Official Journal of the European Communities                                    10.8.2002
Action brought on 27 May 2002 by the Commission of                      —    The mandatory exchange of the licence on grounds of
the European Communities against the Kingdom of Spain                        lack of space in which to record data is not provided for
                                                                             in Point 4 of Annex I to the directive: That provision does
                                                                             not provide for an exchange in such circumstances, nor
                        (Case C-195/02)                                      does Article 8, which deals precisely with the exchange
                                                                             of driving licences. Since the directive regulates these
                                                                             matters exhaustively, it must be concluded that it pre-
                                                                             cludes a provision which requires exchange under the
                        (2002/C 191/29)                                      terms laid down in Article 25(2) of the Regulations on
                                                                             Drivers.
                                                                        —    Transitional provision number 7 of the Regulations on
An action against Kingdom of Spain was brought before the                    Drivers is contrary to Annex III to the directive: Directive
Court of Justice of the European Communities on 27 May                       91/439/EEC does not provide for the recognition of
2002 by the Commission of the European Communities,                          acquired rights. According to Article 7(1)(a), the holder
represented by Fernando Castillo de la Torre and Wouter Wils,                of a driving licence must be able to meet minimum
acting as Agents, with an address for service in Luxembourg at               standards of physical and mental fitness for driving
the office of Luis Escobar Guerrero, also of the Legal Service,              power-driven vehicles, as laid down in Annex III to the
Wagner Centre.                                                               directive. Accordingly, when renewing the driving licence,
                                                                             the holder must meet those minimum standards. The
                                                                             Commission does not accept the argument put forward
                                                                             by the Spanish authorities that the absence of any kind of
                                                                             ‘grandfather clause’ is due to an oversight.
The applicant claims
that the Court should declare that the Kingdom of Spain:
                                                                        (1) OJ 1991 L 237, p. 1.
—     by adopting Articles 22 and 24 of the Regulations on
      Drivers, has infringed Article 1(2) of Directive 91/439/
      EEC (1);
—     by adopting Article 25(2) of the Regulations on Drivers,
      has infringed point 4 of Annex I to Directive 91/439/
      EEC;
—     by adopting transitional provision number 7 of the
      Regulations on Drivers, has infringed Article 7(19(a) of
      Directive 91/439/EEC;
                                                                        Action brought on 27 May 2002 by the Commission of
                                                                        the European Communities against the Kingdom of Spain
and order the Kingdom of Spain to pay the costs.
                                                                                                 (Case C-197/02)
Pleas in law and main arguments
                                                                                                 (2002/C 191/30)
—     The obligation to enter the driving licence in a register of
      Drivers and Offenders is contrary to Article 1(2) of
      the Directive: the system of mandatory registration is
      disproportionate to the objective it pursues because the
      consequences of its non-observance are so severe. Use of
      the power conferred by the directive to apply Spanish
      rules on duration and medical checks is in no way                 An action against the Kingdom of Spain was brought before
      hindered or diluted by failure to register. Furthermore, in       the Court of Justice of the European Communities on 27 May
      order to ensure the effectiveness of a points system or           2002 by the Commission of the European Communities,
      any system which takes note of recidivism it is sufficient,       represented by Gregorio Valero Jordana, acting as Agent, with
      for example, for the details of the licence in question to        an address for service in Luxembourg at the office of Luis
      be recorded upon the first offence.                               Escobar Guerrero, also of the Legal Service, Wagner Centre.