CELEX: 62008CN0445
Language: en
Date: 2008-10-09 00:00:00
Title: Case C-445/08: Reference for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg (Germany) lodged on  9 October 2008 — Kurt Wierer v Land Baden-Württemberg

7.2.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 32/11
            
         Reference for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg (Germany) lodged on 9 October 2008 — Kurt Wierer v Land Baden-Württemberg
   (Case C-445/08)
   (2009/C 32/19)
   Language of the case: German
   Referring court
   Verwaltungsgerichtshof Baden-Württemberg
   Parties to the main proceedings
   
      Applicant: Kurt Wierer
   
      Defendant: Land Baden-Württemberg
   Questions referred
   
               1.
            
            
               Is it contrary to the principles developed by the Court of Justice in the judgments of 26 June 2008 (in Joined Cases C-329/06 and C-343/06 Wiedemann and Joined Cases C-334/06 and C-336/06 Zerche) for the national driving licence authorities and the courts of the host Member State, when examining compliance with the residence condition in Article 9 of Directive 91/439/EEC (1) by the issuing Member State at the time of issuing the driving licence, to rely, to the disadvantage of the holder of the driving licence, on statements and information which were provided by the holder in the course of administrative procedures or court proceedings and which he was obliged to provide when complying with an obligation of cooperation under national administrative law in the course of the investigation of facts relevant to the issues of the case?
            
         
               2.
            
            
               Should that question be answered in the negative:
               Is it contrary to the principles developed by the Court of Justice in the judgments of 26 June 2008 (in Joined Cases C-329/06 and C-343/06 Wiedemann and Joined Cases C-334/06 and C-336/06 Zerche) for the national driving licence authorities and the courts of the host Member State, when examining compliance with the residence condition in Article 9 of Directive 91/439/EEC by the issuing Member State at the time of issuing the driving licence, in a case where firm evidence exists that the condition was not met at the time the driving licence was issued, to conduct further investigations exclusively in the issuing Member State, for example, with registration authorities, landlords, or employers, and to use those facts, provided that they have evidentiary force, alone or together with information from the issuing Member State or the holder of the driving licence himself?
            
         
      (1)  OJ L 237, p. 1.