CELEX: 62005CO0340
Language: en
Date: 2006-09-28 00:00:00
Title: Order of the Court (Third Chamber) of 28 September 2006. # Criminal proceedings against Stefan Kremer. # Reference for a preliminary ruling: Oberlandesgericht München - Germany. # 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. # Case C-340/05.

Order of the Court (Third Chamber) of 28 September 2006 – Criminal proceedings against Stefan Kremer
      (Case C-340/05)
      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
      1.                     Freedom of movement for persons – Freedom of establishment – Driving licences – Directive 91/439 (Council Directive 91/439,
            Arts 1(2) and 8(2) and (4) (see para. 38 and operative part)
      Re:
      
         
               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                  licence issued by another Member State, raised against a holder whose national licence was withdrawn without a prohibition
                  period due to repeated offences under the highway code – Obligation to provide beforehand a medical-psychological opinion
                  attesting to aptitude to drive.
               
            Operative part
      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 for a given period, has not complied with the conditions
            required under the laws of that first Member State for the issuing of a new licence following that withdrawal, including a
            driving test designed to establish that the reasons for that withdrawal have ceased.