CELEX: 62010CO0590
Language: en
Date: 2011-11-22 00:00:00
Title: Order of the Court (Sixth Chamber) of 22 November 2011.#Wolfgang Köppl v Freistaat Bayern.#Reference for a preliminary ruling: Bayerischer Verwaltungsgerichtshof - Germany.#First subparagraph of Article 104(3) of the Rules of Procedure - Directive 91/439/EEC - Article 1(2) and Article 8(2) and (4) - Article 7(1) - Mutual recognition of driving licences - Withdrawal of national driving authorisation - Category B driving licence issued by another Member State - Disregard of the residence requirement - Subsequent issue, by the same Member State, of a Category C driving licence - Observance of the residence requirement - Whether obligatory to hold a valid licence for Category B vehicles at time of issue of licence for Category C vehicles.#Case C-590/10.

Order of the Court (Sixth Chamber) of 22 November 2011 – Köppl v Freistaat Bayern
      (Case C-590/10)
      First subparagraph of Article 104(3) of the Rules of Procedure – Directive 91/439/EEC – Article 1(2) and Article 8(2) and (4) – Article 7(1) – Mutual recognition of driving licences – Withdrawal of national driving authorisation – Category B driving licence issued by another Member State – Failure to have regard to the condition of residence – Subsequent issue, by the same Member State, of a Category C driving licence – Observance of the condition of residence – Obligation to hold a valid licence for Category B vehicles when the licence for Category C vehicles is issued
      Transport – Road transport – Driving licences – Directive 91/439 – Mutual recognition of driving licences – Withdrawal of a Category B driving licence in one Member State – Subsequent issue of a Category B driving licence in another Member State, in breach of the condition of residence, and then
         of a Category C licence – Category C licence not showing any failure to observe the condition of residence – Refusal of the first Member State to recognise the validity of those new licences – Lawfulness (Council Directive 91/439, as amended by Directive 2000/56, Arts 1(2) and 8(2) and (4)) (see paras 32-33, 47-51,
         54, operative part)
      
      Re: 
      
         
               Reference for a preliminary ruling – Bayerischer Verwaltungsgerichtshof – Interpretation, in the light of Article 2(1) and
                  Article 3(1) of the Charter of Fundamental Rights of the European Union, of Article 1(2) and Article 8(2) and (4) of Council
                  Directive 91/439/EEC of 29 July 1991 on driving licences (OJ 1991 L 237, p. 1) – Category B driving licence issued by a Member
                  State, without regard to the condition of residence, to a national of another Member State after his national licence had
                  been withdrawn and after the period had expired in which an application for a new licence is prohibited – Subsequent issue,
                  by the same Member State, of a Category C driving licence observing the condition of residence – Whether the Member State
                  of residence can refuse to recognise the validity of those licences.
               
            Operative part 
      Article 1(2) and Article 8(2) and (4) of Council Directive 91/439/EEC of 29 July 1991 on driving licences, as amended by Commission
         Directive 2000/56/EC of 14 September 2000, do not preclude a Member State from refusing to recognise authorisations to drive
         Category B and C vehicles issued by another Member State to an individual in respect of whom the first Member State has adopted
         measures under Article 8(2) of that directive, when the authorisation to drive Category B vehicles was issued in the second
         Member State without regard, as is apparent from the particulars given in the driving licence issued in respect of that authorisation,
         to the normal condition of residence laid down in Article 7(1)(b) of that directive and when the authorisation to drive Category
         C vehicles was issued on the basis of the first authorisation and the failure to observe that condition of normal residence
         is not apparent in the new driving licence issued in respect of that authorisation to drive Category C vehicles.