CELEX: C1998/397/18
Language: en
Date: 1998-12-19 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 29 October 1998 in Joined Cases C-193/97 and C-194/97 (reference for a preliminary ruling from the Tribunal Administratif, Luxembourg): Manuel de Castro Freitas and Raymond Escallier v. Ministre des Classes Moyennes et du Tourisme (Freedom of establishment - Directive 64/427/EEC - Activities of self-employed persons in manufacturing and processing industries - Conditions for taking up an occupation)

C 397/12              EN                 Official Journal of the European Communities                                     19.12.98
               JUDGMENT OF THE COURT                                each of the trades whose scope is defined by the
                                                                    legislation of the host State, the periods prescribed by that
                       (Fifth Chamber)
                                                                    article.
                     of 29 October 1998
                                                                    (1) OJ C 212, 12.7.1997.
in Joined Cases C-193/97 and C-194/97 (reference for a
preliminary ruling from the Tribunal Administratif,
Luxembourg): Manuel de Castro Freitas and Raymond
Escallier v. Ministre des Classes Moyennes et du
                         Tourisme (1)
(Freedom of establishment Ð Directive 64/427/EEC Ð
Activities of self-employed persons in manufacturing and                           JUDGMENT OF THE COURT
processing industries Ð Conditions for taking up an
                         occupation)                                                       (Second Chamber)
                        (98/C 397/18)                                                     of 29 October 1998
                                                                    in Case C-230/97 (reference for a preliminary ruling from
                                                                    the Hof van Cassatie): Criminal proceedings against
                (Language of the case: French)                                           Ibiyinka Awoyemi (1)
                                                                    (Driving licence Ð Interpretation of Directive 80/1263/
                                                                    EEC Ð Failure to comply with the obligation to exchange
                                                                    a licence issued by one Member State to a national of a
 (Provisional translation; the definitive translation will be       non-member country for a licence from another Member
          published in the European Court Reports)                  State in which that person is now resident Ð Criminal
                                                                             penalties Ð Effect of Directive 91/439/EEC)
                                                                                             (98/C 397/19)
In Cases C-193/97 and C-194/97: reference to the Court
under Article 177 of the EC Treaty from the Tribunal
Administratif, Luxembourg, for a preliminary ruling in the                          (Language of the case: Dutch)
proceedings pending before that court between Manuel de
Castro Freitas (C-193/97), Raymond Escallier (C-194/97),
and Ministre des Classes Moyennes et du Tourisme Ð on
the interpretation of Article 52 of the EC Treaty and                 (Provisional translation; the definitive translation will be
Article 3 of Council Directive 64/427/EEC of 7 July 1964                      published in the European Court Reports)
laying down detailed provisions concerning transitional
measures in respect of activities of self-employed persons
in manufacturing and processing industries falling within           In Case C-230/97: reference to the Court under Article 177
ISIC Major Groups 23Ð40 (Industry and small craft                   of the EC Treaty from the Hof van Cassaatie (Belgium) in
industries) (OJ, English Special Edition 1963Ð1964,                 the criminal proceedings before that court against Ibiyinka
p. 148) Ð the Court (Fifth Chamber), composed of: P.                Awoyemi Ð on the interpretation of Article 8(1) of the
Jann, President of the First Chamber, acting as President           First Council Directive 80/1263/EEC of 4 December 1980
of the Fifth Chamber, C. Gulmann, D. A. O. Edward                   on the introduction of a Community driving licence (OJ
(Rapporteur), L. Sevón and M. Wathelet, Judges; D.                  L 375, 31.12.1980, p. 1) and of Articles 1(2) and 8(1) of
Ruiz-Jarabo Colomer, Advocate-General; L. Hewlett,                  Council Directive 91/439/EEC of 29 July 1991 on driving
Administrator, for the Registrar, has given a judgment on           licences (OJ L 237, 24.8.1991, p. 1) Ð the Court (Second
29 October 1998, in which it has ruled:                             Chamber), composed of: G. Hirsch, President of the
                                                                    Chamber, G. F. Mancini and R. Schintgen (Rapporteur),
                                                                    Judges; P. LeÂger, Advocate-General; R. Grass, Registrar,
On a proper construction of Article 3 of Council Directive          has given a judgment on 29 October 1998, in which it has
64/427/EEC of 7 July 1964 laying down detailed                      ruled:
provisions concerning transitional measures in respect of
activities of self-employed persons in manufacturing and
processing industries falling within ISIC Major Groups              1. Neither the provisions of the First Council Directive
23Ð40 (Industry and small craft industries), where, in a                 80/1263/EEC of 4 December 1980 on the introduction
Member State, the possession of specific knowledge and                   of a Community driving licence, nor those of the EC
ability is a condition for taking up and pursuing an                     Treaty, preclude the driving of a motor vehicle by a
activity as a self-employed person in a manufacturing or                 national of a non-member country who holds a
processing industry or small craft industry, that Member                 Community model driving licence issued by one
State may not require of a Community national who                        Member State and who, having transferred his
applies for licences to pursue occupational activities in                residence to another Member State, could have
that Member State which he is certified by the competent                 obtained a licence issued by the host State in
authorities of his Member State of origin to have pursued                exchange, but did not complete that formality within
there, that he have completed separately, in respect of                  the prescribed period of one year, from being treated