CELEX: C2005/271/07
Language: en
Date: 2005-10-29 00:00:00
Title: Judgment of the Court (Second Chamber) of 15 September 2005 in 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)

29.10.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 271/4
            
         
      JUDGMENT OF THE COURT
   
   (Second Chamber)
   of 15 September 2005
   in Case C-372/03: Commission of the European Communities v Federal Republic of Germany (1)
   
   (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)
   (2005/C 271/07)
   Language of the case: German
   In Case C-372/03: Commission of the European Communities (Agents: G. Braun and W. Wils) v Federal Republic of Germany (Agent: M. Lumma) — action under Article 226 EC for failure to fulfil obligations, brought on 2 September 2003 — the Court (Second Chamber), composed of C.W.A. Timmermans, President of the Chamber, C. Gulmann, R. Schintgen (Rapporteur), G. Arestis and J. Klučka, Judges; P. Léger, Advocate General; R. Grass, Registrar, gave a judgment on 15 September 2005, in which it:
   
               1.
            
            
               Declares that, by adopting and maintaining in force Paragraph 6(3), point 6, and (4), the first sentence of Paragraph 10(2), and Paragraphs 29(1) and (3) and 47(2) of 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, the Federal Republic of Germany has failed to fulfil its obligations under Articles 1(2), 3, 5(2)(b), the third indent of Article 6(1)(b) and Article 8(2) of Council Directive 91/439/EEC of 29 July 1991 on driving licences, as amended by Council Directive 96/47/EC of 23 July 1996;
            
         
               2.
            
            
               Dismisses the remainder of the action;
            
         
               3.
            
            
               Orders the Federal Republic of Germany to pay the costs.
            
         
      (1)  OJ C 275 of 15.11.2003.