CELEX: 62003CC0372
Language: en
Date: 2005-05-12 00:00:00
Title: Opinion of Mr Advocate General Léger delivered on 12 May 2005. # Commission of the European Communities v Federal Republic of Germany. # Failure of a Member State to fulfil obligations - Directive 91/439/EEC - Driving licences - Minimum age requirement to drive certain vehicles - Possibility of driving vehicles in a category other than the one for which a driving licence has been issued - Compulsory registration and exchange of driving licences. # Case C-372/03.

OPINION OF ADVOCATE GENERAL
      LÉGER
      delivered on 12 May 2005 (1)
      
      Case C-372/03
      Commission of the European Communities
      v
      Federal Republic of Germany
      (Failure of a Member State to fulfil obligations – Directive 91/439/EEC – Driving licences – Minimum age requirement to drive certain vehicles – Possibility of driving vehicles in a category other than the one for which a driving licence has been issued – Compulsory registration and exchange of driving licences)1.     In this action, the Commission of the European Communities seeks a declaration from the Court that the Federal Republic of
         Germany has failed to comply with its obligations under Council Directive 91/439/EEC of 29 July 1991 on driving licences. (2)
      
      2.     In support of its action, the Commission relies on a series of complaints. These relate to the minimum age requirement to
         drive certain vehicles, the possibility of driving vehicles other than those for which a driving licence (3) has been obtained and the procedure for the registration and exchange of licences issued by other Member States. 
      
      I –  Legal context
      A –    Community legislation
      3.     Harmonisation of the issue and use of driving licences began with the adoption of First Council Directive 80/1263/EEC of 4
         December 1980 on the introduction of a Community driving licence. (4) This directive served both to contribute to an improvement in road safety and to assist the movement of people either settling
         in a Member State other than the one in which they passed their driving test, or moving within the European Economic Community.
      
      4.     To this end, Directive 80/1263 approximated certain national rules relating, in particular, to the issue of driving licences,
         and to the conditions of their validity. The directive set out a Community model driving licence and introduced the principle
         of mutual recognition for such licences and their exchange when holders transfer their residence or place of work from one
         Member State to another. 
      
      5.     Directive 80/1263 was repealed by Directive 91/439. This Directive marked a new stage in the harmonisation of national provisions,
         particularly in relation to requirements for the issue of driving licences, and the scope of the principle of mutual recognition
         relating to them.
      
      6.     The issue of driving licences, in particular, is made subject to some minimum age requirements. These requirements vary depending
         on the classification of the vehicle, under the Directive, intended to be driven. 
      
      7.     For vehicles falling under category A, (5) the first clause in the first indent of Article 6(1)(b) of the Directive sets out the principle that the minimum age requirement
         for the issue of a licence for this type of vehicles is 18 years. It adds: ‘however, access to the driving of motorcycles
         with a power exceeding 25 kW or a power/weight ratio exceeding 0.16 kW/kg (or motorcycles with sidecars with a power/weight
         ratio exceeding 0.16 kW/kg) shall be subject to a minimum of two years’ experience on motorcycles with lower specifications
         under an A licence’.
      
      8.     The last clause in the first indent of Article 6(1)(b) specifies: ‘this requirement as to previous experience may be waived
         if the candidate is at least 21 years old, subject to the candidate’s passing a specific test of skills and behaviour’. Article 6(2)
         of the Directive states that although Member States may derogate from the minimum age requirements laid down for certain categories
         of vehicle (A, B and B + E), and may therefore issue licences corresponding to these categories to persons from the age of
         17 years, they may not derogate from the minimum age requirement laid down in the last clause in the first indent of Article 6(1)(b).
      
      9.     As regards vehicles falling under subcategories C1 (6) and C1 + E (or C1E), (7) the third indent of Article 6(1)(b) of the Directive stipulates that the minimum age requirement for the issue of the corresponding
         licence is 18 years, without prejudice to the provisions for the driving of such vehicles in Council Regulation (EEC) No 3820/85
         of 20 December 1985 on the harmonisation of certain social legislation relating to road transport. (8)
      
      10.   Once a driving licence has been issued, its validity is not automatically confined to the driving of vehicles for which it
         was obtained. So, for example, Article 5(2)(b) of the Directive states that licences granted for category C + E (or CE) (9) are to be valid for category D + E (or DE) (10) as long as their holders are entitled to drive vehicles in category D. (11)
      
      11.   Moreover, once a licence has been issued in a Member State, it is to be recognised in other Member States. This principle
         of mutual recognition is laid down in Article 1(2) of the Directive in the following general terms: ‘Driving licences issued
         by Member States shall be mutually recognised.’
      
      12.   However, where the holder of a licence takes up normal residence in a Member State other than that which issued the licence,
         the Directive allows the host Member State to apply, to the holder of the licence in question, certain of its national rules.
      
      13.   It may thus apply, under Article 1(3) of the Directive, its national rules on tax arrangements, the period of validity of
         the licence, and medical tests. When applying those rules, the host Member State may enter on the licence issued by another
         Member State any information indispensable for administration. Annex I(4) to the Directive specifies that the host Member
         State may indicate on the licence information such as that relating to serious offences committed in its territory, provided
         that it also enters this type of information on the licences which it issues, and that there is space available for that purpose.
         (12)
      
      14.   Similarly, Article 8(2) of the Directive states: ‘Subject to observance of the principle of territoriality of criminal and
         police laws, the Member State of normal residence may apply its national provisions on the restriction, suspension, withdrawal
         or cancellation of the right to drive to the holder of a driving licence issued by another Member State and, if necessary,
         may exchange the licence for that purpose.’
      
      B –    National legislation
      15.   The German legislation relevant to the present proceedings may be found in the Regulation relating to the entitlement of persons
         to drive on the highway (Verordnung über die Zulassung von Personen zum Strassenverkehr) of 18 August 1998, also known as
         the ‘Fahrerlaubnis-Verordnung’. (13)
      
      16.   Paragraph 6(2), second sentence, of the FeV stipulates a minimum age of 25 years for direct access to the driving of heavy
         motorcycles in category A. For vehicles falling under subcategory C1 or C1E, under Paragraph 10(2), first sentence, of the
         FeV, it is possible to drive such vehicles from the age of 17 years, provided that such driving forms part of vocational driving
         training (and is limited to journeys forming part of such training). 
      
      17.   In addition, under point 6 of Paragraph 6(3) of the FeV, holders of C1E and D licences are authorised to drive vehicles in
         category DE. Similarly, Paragraph 6(4) provides that holders of C1, C1E, C or CE licences are authorised to drive buses (that
         is, vehicles in category D) for journeys without passengers, within Germany, aimed solely at testing the vehicles’ technical
         condition, or at transferring the vehicles to another location. 
      
      18.   Furthermore, under Paragraph 29(1) and (2) of the FeV, holders of a licence issued by a Member State other than the Federal
         Republic of Germany are required, on pain of a fine, to have their licence registered with the German administrative authorities
         if they have established their normal residence in Germany, and have held their licence for less than two years. 
      
      19.   Finally, Paragraphs 29(3) and 47(2) of the FeV require holders of a licence issued by another Member State, who have established
         their normal residence in Germany, to exchange their licence for a German licence in order that there may be entered on it
         certain statements relating, in particular, to the period of validity of the licence in Germany, where that period is shorter
         than that in force in the Member State which issued it. 
      
      II –  Pre-litigation procedure
      20.   Following an exchange of correspondence between the Federal Republic of Germany and the Commission, the latter, considering
         that that Member State had failed to fulfil its obligations under Directive 91/439, sent it a letter of formal notice on 18
         July 2001, asking it to submit its observations. 
      
      21.   Since it was not satisfied by the observations submitted by the Federal Republic of Germany, by letter of 21 March 2002 the
         Commission delivered a reasoned opinion, asking it to take the necessary steps to comply with its obligations under the Directive
         within two months of the date of notification of the opinion.
      
      22.   Following a delay in the passage of legislation which was supposed to bring to an end part of the alleged infringement, the
         Commission decided to bring the present action, by application lodged at the Court Registry on 2 September 2003.
      
      III –  The action
      23.   In support of its action, the Commission relies on six complaints, only two of which are disputed by the German Government.
         These two complaints, which relate to the minimum age requirement to drive certain vehicles, will be considered first. The
         other, non-disputed, complaints will be briefly considered thereafter. These relate to the possibility of driving vehicles
         other than those for which a licence was obtained, and to the procedure for registration and exchange of driving licences
         issued by other Member States. 
      
      A –    The complaints relating to the minimum age requirement for driving certain vehicles
      24.   These complaints relate, on the one hand, to heavy motorcycles under category A (14) and, on the other, to vehicles in subcategories C1 and C1E. Each of these complaints will be considered in turn. 
      
      1.      The complaint as to the minimum age requirement for driving heavy motorcycles in category A
      a)      Arguments of the parties
      25.   In this complaint, the Commission alleges that the Federal Republic of Germany has infringed the last clause in the first
         indent of Article 6(1)(b) of the Directive, by stipulating 25 years as the minimum age requirement for direct access to the
         driving of heavy motorcycles in category A, in other words, without having acquired previous experience driving less powerful
         motorcycles. The applicant claims that, under those provisions in the Directive, only a minimum age of 21 years may be prescribed
         by a Member State’s legislation. In support of this complaint, the Commission contends that the Directive’s provisions are
         aimed at a complete harmonisation of direct access to the driving of heavy motorcycles in category A, by stipulating a uniform
         minimum age, so that Member States are not entitled unilaterally to provide for a different minimum age, whether it be higher
         or lower. 
      
      26.   The German Government disputes that interpretation of the last clause in the first indent of Article 6(1)(b) of the Directive.
         It argues that those provisions do not initiate complete harmonisation of direct access to the driving of the type of vehicles
         in question. Not only do they allow Member States either to disallow or to allow such direct access, but they also leave Member
         States the possibility, if they allow such direct access, to stipulate a minimum age higher than 21 years, in accordance with
         the Directive’s objective of road safety. In that connection, the German Government points out that the Commission has recently
         proposed, in the course of recasting the Directive, to raise the minimum age in question to 24 years, instead of 21 years,
         in order to respond more effectively to the demands of road safety.
      
      b)      Assessment
      27.   I consider that this complaint is not justified. 
      28.   In my view, in stipulating 21 years as the minimum age requirement for possible direct access to the driving of heavy motorcycles
         in category A, the last clause in the first indent of Article 6(1)(b) of the Directive simply excludes persons under 21 years
         from benefiting from the right to drive that type of vehicle. Those provisions do not preclude the existence of national legislation
         requiring a minimum age higher than that stipulated in the Directive, such as 25 years. Several factors point to such an interpretation.
      
      29.   First, in allowing Member States to derogate from the minimum age requirements stipulated for certain categories of vehicle
         (other than heavy motorcycles in category A), and thus to issue licences to persons from the age of 17 years, that is to say,
         an age below that stipulated by the Directive for these categories of vehicle, Article 6(2) of the Directive suggests that
         the purpose of the minimum age requirements stipulated, taken as a whole, is to impose a ‘lower limit’ (and not an ‘upper
         limit’) below which, in principle, it is prohibited to issue a driving licence, other than by way of derogation expressly
         permitted by the article. 
      
      30.   The fact that the derogations provided for in this article exclusively concern a minimum age lower than that stipulated by
         the Directive for the relevant categories of vehicle rather than a minimum age higher than that stipulated does not, I believe,
         mean that Member States are automatically prohibited from providing for higher minimum age requirements. On the contrary,
         the Directive’s silence in Article 6(2) as to such higher minimum age requirements can, no doubt, be explained by the fact
         that its rules concerning minimum age requirements are not intended to preclude the adoption, by Member States, of stricter
         rules in this area, such that it was not necessary to provide for such derogations on this point in order to allow Member
         States to do so.
      
      31.   The Directive’s aim in stipulating minimum age requirements confirms this analysis. 
      32.   As the fourth recital in the preamble to the Directive emphasises, it is on road safety grounds that the minimum requirements
         for the issue of a licence should be laid down. I would add that the minimum age requirements in Article 6(1) of the Directive
         are among the minimum requirements designed to fulfil this aim. 
      
      33.   However, if the stipulation of minimum age requirements is clearly a response to road safety requirements, in that it prohibits
         the issue of a licence to persons who have not yet reached the minimum age in question, the same cannot be said of a case
         where the minimum age requirements set by the Directive also amount to prohibiting Member States from declining to issue a
         licence to persons who have already reached the minimum age. On the contrary, it is precisely the concern to reinforce road
         safety protection that generally motivates Member States to stipulate minimum age requirements higher than those set by the
         Directive. Moreover, as the German Government indicated, the Commission has recently expressed its intention, in respect of
         access to more powerful motorcycles, to raise the minimum age to 24 years, instead of 21 years, in order to contribute to
         improving road safety. (15)
      
      34.   I consider that it follows from these different factors that the last clause in the first indent of Article 6(1)(b) of the
         Directive does not preclude the existence of national legislation providing for a minimum age requirement higher than that
         stipulated by the article, such as that provided for in the German legislation at issue. As a result, I take the view that
         the complaint concerning the minimum age requirement for direct access to the driving of heavy motorcycles in category A,
         based on the alleged infringement of the above article of the Directive, is unfounded. 
      
      2.      The complaint relating to the minimum age requirement for direct access to the driving of vehicles in subcategories C1 and
         C1E
      
      a)      Arguments of the parties
      35.   In this complaint, the Commission alleges that the Federal Republic of Germany has infringed the third indent of Article 6(1)(b)
         of the Directive, read in conjunction with the second indent of Article 5(1)(b) of Regulation No 3820/85, in allowing vehicles
         in subcategory C1 or C1E to be driven by persons from the age of 17 years when such driving forms part of vocational driver
         training. It argues that those provisions in the Directive, and those in the regulation to which they refer, preclude persons
         under 18 years from benefiting from the right to drive vehicles of this type. 
      
      36.   This complaint is disputed by the German Government. It states that, in its domestic law, obtaining a category C1 licence
         is made subject to obtaining a category B licence.
      
      37.   Furthermore, it argues that obtaining a certificate of professional competence, following a recognised training course for
         drivers of vehicles intended for the carriage of goods by road, which, under the second indent of Article 5(1)(b) of Regulation
         No 3820/85, justifies the grant to holders of such a certificate the right to drive vehicles intended for the carriage of
         goods by road weighing more than 7.5 tonnes – provided that they are at least 18 years old – implies that the training in
         question may start before the persons concerned have reached the age of 18, and that the training includes some driving experience.
         It follows that, in reserving to persons of 17 years the right to drive vehicles in subcategory C1 or C1E for vocational training
         purposes, the national legislation at issue falls directly under the second indent of Article 5(1)(b) of the regulation, to
         which the third indent of Article 6(1)(b) of the Directive refers. To hold otherwise would be to penalise the existence of
         vocational road transport driver training, which is sufficiently lengthy to be complete, at the expense of the interest of
         road safety. 
      
      38.   Finally, the German Government seeks to play down the scope of the anticipated right to drive vehicles in subcategories C1
         and C1E, which is provided for by the national legislation. Such a right is only granted to persons following a vocational
         road transport driver training course who have passed prior medical and psychological tests. In addition, authorisation to
         drive such types of vehicles is valid only as part of such vocational training, and only on national territory. 
      
      b)      Assessment
      39.   In my view, this complaint is well founded, both in relation to vehicles in subcategory C1 and in relation to vehicles in
         subcategory C1E.
      
      40.   With regard to vehicles in subcategory C1, the third indent of Article 6(1)(b) of the Directive and Article 5(1)(a) of Regulation
         No 3820/85 (to which that article of the Directive refers) provide that they may be driven only by persons who have reached
         the minimum age of 18 years. In allowing such vehicles to be driven by persons as young as 17, the national rules at issue
         disregard the Directive’s provisions which are the same as those of the regulation referred to above. That conclusion is inevitable
         even if, as the German Government contends, the scope of the anticipated driving entitlement is limited. 
      
      41.   Similarly, it matters little that, as the German Government contends, obtaining a C1 licence (authorising the driving of vehicles
         in subcategory C1) is conditional on obtaining a B licence (permitting the driving of vehicles in category B). In effect,
         although Article 6(2) of the Directive allows Member States to derogate from the minimum age requirements laid down by it
         for certain categories of vehicle, such as those in category B, and thus to issue licences corresponding to that type of vehicle
         to persons from the age of 17 years, the fact remains that that is not true for vehicles in subcategory C1. Since Article
         6(2) is exhaustive in nature, the fact of obtaining a category B licence at the age of 17 years cannot, under that article,
         justify obtaining a C1 licence under the same age conditions. 
      
      42.   With regard to vehicles in subcategory C1E, I would point out that Regulation No 3820/85 (to which the third indent of Article
         6(1)(b) of the Directive refers) sets out, in the first indent of Article 5(1)(b), the principle that the minimum age requirement
         for driving such vehicles is to be 21 years. It is only by way of derogation from that principle that the second indent of
         Article 5(1)(b) of the regulation lowers that minimum age to 18 years provided, it will be recalled, that ‘the person concerned
         holds a certificate of professional competence recognised by one of the Member States confirming that he has completed a training
         course for drivers of vehicles intended for the carriage of goods by road, in conformity with Community rules on the minimum
         level of training for road transport drivers’.
      
      43.   It follows from those provisions of Regulation No 3820/85 that access to the driving of vehicles in subcategory C1E from the
         age of 18 years is made subject to obtaining a certain type of vocational training for road transport drivers attested to
         by a certificate of competence issued at the end of such training.
      
      44.   Consequently, although such vocational training may start before the person concerned has reached the age of 18 and include,
         under the same age conditions, experience of accompanied driving under the supervision of an instructor, such a person cannot
         be given any sort of licence to drive vehicles in subcategory C1E if he has not reached the age of 18 and is still undertaking
         vocational training, thus without having obtained a certificate of competence which is only issued at the end of such training.
         
      
      45.   However, this is what the German legislation at issue provides, since it allows persons of only 17 years to drive, in the
         course of a vocational road transport training course, vehicles in subcategory C1E on the national public road network, without
         requiring such driving to be under the constant supervision of an instructor. In relation to that type of vehicle, the national
         legislation therefore disregards Article 5(1)(b) of Regulation No 3820/85. It also disregards the third indent of Article
         6(1)(b) of the Directive, in so far as that article refers to the application of the regulation, including Article 5(1)(b)
         thereof.
      
      46.   I conclude that the complaint relating to the minimum age requirement for direct access to the driving of vehicles in subcategories
         C1 and C1E, based on the infringement of the third indent of Article 6(1)(b) of the Directive, is well founded. 
      
      B –    The complaints relating to the possibility of driving vehicles other than those for which a driving licence has been obtained
      47.   Two complaints deal with the possibility of driving vehicles other than those for which a licence has been obtained. One concerns
         access to the driving of vehicles in category DE; the other concerns access to the driving of vehicles in category D. Each
         of these two complaints, which are not disputed by the German Government, will be briefly considered.
      
      1.      The complaint concerning access to the driving of vehicles in category DE
      48.   In this complaint, the Commission alleges that the Federal Republic of Germany has disregarded Article 5(2)(b) of the Directive,
         by providing that the holders of C1E and D licences are authorised to drive vehicles in category DE. I consider that this
         complaint is well founded.
      
      49.   Article 5(2)(b) provides that ‘licences granted for category C + E shall be valid for category D + E as long as their holders
         are entitled to drive vehicles in category D’. It follows from those provisions that only the holder of a licence for category
         CE, not for C1E, is authorised to drive vehicles in category DE, provided he is authorised to drive vehicles in category D.
         The holder of a C1E licence is not therefore entitled to rely on such a licence for the purpose of driving a vehicle in category
         DE. 
      
      2.      The complaint concerning access to the driving of vehicles in category D
      50.   In this complaint, the Commission alleges that the Federal Republic of Germany has disregarded Article 3 of the Directive
         in authorising holders of a C1, C1E, C or CE licence to drive vehicles in category D for journeys without passengers, inside
         the country, aimed solely at checking the technical condition of the vehicles or transferring them to another location. I
         consider this complaint to be well founded.
      
      51.   It follows from the fifth indent of Article 3(1) of the Directive that vehicles in category C are to be distinguished from
         those in category D, so that a category C licence cannot authorise the driving of vehicles in category D. The same is true
         for types of vehicles related to category C, namely vehicles in category CE and in subcategories C1 and C1E (as defined in
         the sixth indent of Article 3(1) and the third and fourth indents of Article 3(2) of the Directive).
      
      52.   As the Commission has emphasised, this distinction between, on the one hand, vehicles in category and subcategories C, CE,
         C1 and C1E (that is, lorries) and, on the other hand, vehicles in category D (that is, buses), and between the corresponding
         licences, arises because the driving of those types of vehicle is in fact not comparable, and each requires its own specific
         training, so that a C, CE, C1 or C1E licence (obtained following a certain type of training) cannot authorise the driving
         of vehicles in category D (which requires a different course of training). 
      
      53.   I conclude that the complaint concerning access to the driving of vehicles in category D, based on infringement of Article
         3 of the Directive, is well founded.
      
      C –    The complaints concerning the registration and exchange procedure for licences issued by other Member States
      54.   I shall examine in turn the complaint concerning the procedure for registering licences issued by other Member States and
         that concerning the procedure for exchanging such licences; it is pointed out that those complaints are not disputed by the
         German Government.
      
      1.      The complaint concerning the procedure for registering licences issued by other Member States
      55.   In this complaint, the Commission alleges that the Federal Republic of Germany has infringed the principle of mutual recognition
         of licences laid down by Article 1(2) of the Directive by requiring, on pain of a fine, the compulsory and systematic registration
         of licences issued by other Member States, when the holders of such licences have taken up normal residence in Germany and
         have not held their licence for more than two years. 
      
      56.   I consider that this complaint is well founded. In this regard, it suffices to refer to Commission  v Netherlands, (16) and Commission  v Spain. (17) In those judgments, the Court held that compulsory or systematic registration of driving licences constitutes a formality
         contrary to the principle of mutual recognition laid down by Article 1(2) of the Directive which can be justified neither
         by Article 1(3) nor by Article 8(2) of the Directive. (18)
      
      2.      The complaint concerning the procedure for exchanging licences issued by other Member States
      57.   In this complaint, the Commission alleges that the Federal Republic of Germany disregarded several provisions of the Directive,
         in particular Article 1(2), by requiring holders of licences issued by another Member State who have taken up normal residence
         in Germany to exchange their licence for a German licence, so that the relevant national authorities may enter certain information
         relating, in particular, to the period of validity of the licence in that State, when that period is shorter than that in
         force in the Member State which issued it. I consider this complaint to be well founded. 
      
      58.   As the Court emphasised in paragraph 72 of the judgment in Commission  v Netherlands, cited above, it is apparent from the ninth recital in the preamble to the Directive that the Directive expressly intended
         to abolish systems for the exchange of licences. That fact was recalled in the order of 29 January 2004 in Krüger. (19)
      
      59.   In the Krüger order, cited above, the Court essentially relied on that argument in holding that ‘Article 1(2) of Directive 91/439 must
         be interpreted as precluding legislation of a Member State which requires, under certain circumstances, holders of driving
         licences issued by another Member State who are established in its territory to exchange that licence for a national driving
         licence on the ground that a driving licence issued by another Member State which does not comply with provisions on the period
         of validity which apply in the host Member State cannot be entered in its register of driving licences’. (20)
      
      60.   That which applied to the exchange procedure at issue in the Krüger case, cited above, must also apply to the exchange procedure in this case.
      
      61.   I conclude that the complaint concerning the procedure for exchanging licences issued by other Member States, based on infringement
         of Article 1(2) of the Directive, is well founded. 
      
      IV –  Conclusion
      62.   In conclusion, I propose that the Court:
      (1)      hold that:
      –      by adopting legislation which provides that it is possible to drive vehicles in subcategory C1 or C1 + E (or C1E) from the
         age of 17 years, if such driving forms part of vocational road transport driver training, the Federal Republic of Germany
         has failed to fulfil its obligations under the third indent of Article 6(1)(b) of Council Directive 91/439/EEC of 29 July
         1991 on driving licences;
      
      –      by adopting legislation which provides that holders of C1E and D licences are authorised to drive vehicles in category D + E
         (or DE), the Federal Republic of Germany has failed to fulfil its obligations under Article 5(2)(b) of Directive 91/439;
      
      –      by adopting legislation which provides that holders of C1, C1E, C or C + E (or CE) licences are authorised to drive vehicles
         in category D for journeys without passengers, within the country, aimed solely at checking the technical condition of the
         vehicles or transferring them to another location, the Federal Republic of Germany has failed to fulfil its obligations under
         Article 3 of Directive 91/439;
      
      –      by adopting legislation which requires, on pain of a fine, the compulsory and systematic registration of driving licences
         issued by other Member States, when the holders of such licences have taken up normal residence in Germany and have not held
         their driving licence for more than two years, the Federal Republic of Germany has failed to fulfil its obligations under
         Article 1(2) of Directive 91/439;
      
      –      by adopting legislation which requires holders of driving licences issued by other Member States who have taken up normal
         residence in Germany to exchange their driving licence for a German driving licence, so that the relevant national authorities
         may enter certain relevant information, relating, in particular, to the period of validity of the licence in that State, when
         that period is shorter than that in force in the Member State which issued it, the Federal Republic of Germany has failed
         to fulfil its obligations under Article 1(2) of Directive 91/439.
      
      (2)      dismiss the remainder of the application;
      (3)      order the Federal Republic of Germany to pay its own costs and those incurred by the Commission of the European Communities.
      1 –	Original language: French.
      
      2 –	OJ 1991 L 237, p. 1, hereinafter ‘the Directive’.
      
      3 –	Hereinafter a ‘licence’.
      
      4 –	OJ 1980 L 375, p. 1. 
      
      5 –	Under Article 3(1), first indent, of the Directive, category A covers motorcycles, with or without sidecar.
      
      6 –	Under Article 3(2), third indent, of the Directive, subcategory C1 covers motor vehicles other than in category D (that
         is, other than buses) whose maximum authorised mass is over 3 500 kilograms (that is, 3.5 tonnes) but not more than 7 500
         kilograms (that is, 7.5 tonnes). It is specified that motor vehicles in this subcategory may be combined with a trailer having
         a maximum authorised mass which does not exceed 750 kilograms.
      
      7 –	Under Article 3(2), fourth indent, of the Directive, subcategory C1 + E covers combinations of vehicles where the tractor
         vehicle is in subcategory C1 and its trailer has a maximum authorised mass of over 750 kilograms, provided that the maximum
         authorised mass of the combination thus formed does not exceed 12 000 kilograms (that is, 12 tonnes), and that the maximum
         authorised mass of the trailer does not exceed the unladen mass of the tractor vehicle.
      
      8 –	OJ 1985 L 370, p. 1. Article 5(1) of that regulation states: ‘The minimum age for drivers engaged in the carriage of goods
         shall be as follows: (a) for vehicles, including, where appropriate, trailers or semi-trailers, having a permissible maximum
         weight of not more than 7.5 tonnes, 18 years; (b) for other vehicles: 21 years, or 18 years provided that the person concerned
         holds a certificate of professional competence recognised by one of the Member States confirming that he has completed a training
         course for drivers of vehicles intended for the carriage of goods by road, in conformity with Community rules on the minimum
         level of training for road transport drivers.’
      
      9 –	Under Article 3(1), sixth indent, of the Directive, category C + E covers combinations of vehicles where the tractor vehicle
         is in category C and its trailer has a maximum authorised mass of over 750 kilograms. Under the wording of the previous indent,
         category C covers motor vehicles other than those in category D (that is, other than buses), whose maximum authorised mass
         is over 3 500 kilograms (that is, 3.5 tonnes), it being specified that motor vehicles in this category may be combined with
         a trailer having a maximum authorised mass which does not exceed 750 kilograms.
      
      10 –	Under Article 3(1), eighth indent, of the Directive, category D + E covers combinations of vehicles where the tractor vehicle
         is in category D and its trailer has a maximum authorised mass of over 750 kilograms.
      
      11 –	As already stated, category D corresponds to buses. More precisely, Article 3(1), seventh indent, of the Directive states
         that this category covers motor vehicles used for the carriage of persons and having more than eight seats in addition to
         the driver’s seat; it is added that motor vehicles in this category may be combined with a trailer having a maximum authorised
         mass which does not exceed 750 kilograms.
      
      12 –	This point is repeated in Annex Ia(3)(a) to the Directive, as amended by Council Directive 96/47/EC of 23 July 1996 (OJ
         1996 L 235, p. 1), which came into force on 18 September 1996. This annex allows Member States to issue a driving licence
         on a model different from the traditional paper-form model set out in Annex I to the Directive. This second model licence
         takes the form of a polycarbonate card, such as that used for credit cards. Information may be entered on this type of licence
         as on the traditional type of licence.
      
      13 –	BGBl. 1998 I, p. 2214, hereinafter ‘the FeV’. This came into force on 1 January 1999.
      
      14 –	This expression refers to the vehicles referred to in Article 6(1)(b), first indent, of the Directive. It may be recalled
         that these relate to motorcycles with a power exceeding 25 kW or a power/weight ratio exceeding 0.16 kW/kg (or motorcycles
         with sidecars with a power/weight ratio exceeding 0.16 kW/kg).
      
      15 –	See the proposal for revision of the Directive COM(2003) 621 final of 21 October 2003 (paragraphs 71 and 77). The Commission
         notes that current Community legislation allows numerous young drivers without practical experience to drive the most powerful
         motorcycles. It points out that accident statistics show that the risk of accident amongst new drivers of this type of vehicle
         is particularly high amongst those under 24 years. In the interests of road safety, the Commission therefore proposes to raise
         the minimum age requirement for driving such vehicles from 21 years to 24 years.
      
      16 –	Case C-246/00 [2003] ECR I-7485.
      
      17 –	Case C-195/02 [2004] ECR I-7857.
      
      18 –	See the judgments cited above in Commission v Netherlands, paragraphs 60 to 71, and Commission v Spain, paragraphs 53 to 65. See, to that effect, respectively, points 34 to 58 and points 40 to 56 of my Opinion in the cases giving
         rise to those judgments.
      
      19 –	Case C-253/01 [2004] ECR I-1191, paragraph 31.
      
      20 –	Paragraph 37.