CELEX: C2004/094/19
Language: en
Date: 2004-04-17 00:00:00
Title: Order of the Court (Third Chamber) 29 January 2004 in Case C-253/01 (Reference for a preliminary ruling from the Arrondissementsrechtbank te Rotterdam): S.A. Krüger v Directie van de rechtspersoonlijkheid bezittende Dienst Wegverkeer,

17.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 94/10
            
         
      ORDER OF THE COURT
   
   (Third Chamber)
   29 January 2004
   in Case C-253/01 (Reference for a preliminary ruling from the Arrondissementsrechtbank te Rotterdam): S.A. Krüger v Directie van de rechtspersoonlijkheid bezittende Dienst Wegverkeer, (1)
   
   (Article 104(3) of the Rules of Procedure - Freedom of movement for persons - Directive 91/439/EEC - Driving licences - Mutual recognition - Compulsory exchange)
   (2004/C 94/19)
   Language of the case: Dutch
   In Case C-253/01: Reference to the Court under Article 234 EC by the Arrondissementsrechtbank te Rotterdam (Netherlands) for a preliminary ruling in the proceedings pending before that court between S.A. Krüger and Directie van de rechtspersoonlijkheid bezittende Dienst Wegverkeer, on the interpretation of Article 1(1) and (2) of Council Directive 91/439/EEC of 29 July 1991 on driving licences (OJ 1991 L 237, p. 1), as amended by Council Directive 96/47/EC of 23 July 1996 (OJ 1996 L 235, p. 1), and of the provisions of the EC Treaty on freedom of movement for persons, the Court (Third Chamber), composed of: A. Rosas, President of the Chamber, R. Schintgen (Rapporteur) and N. Colneric, Judges; P. Léger, Advocate General; R. Grass, Registrar, has made an order on 29 January 2004, the operative part of which is as follows:
   Article 1(1) and (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, must be interpreted as precluding legislation of a Member State which requires, under certain circumstances, holders of driving licences issued by another Member State who are established in their territory to exchange that licence for a national driving licence on the ground that a driving licence issued by another Member State which does not comply with the provisions on the period of validity which apply in the host Member State cannot be registered in its registry of driving licences.
   It is for the holder of a driving licence issued by a Member State who takes up normal residence in another Member State which has exercised its discretion under Article 1(3) of Directive 91/439 to prove that he fulfils the conditions set out in the legislation of the host Member State on the renewal of driving licences. However, once that has been proven, it is a matter for the authorities of the host Member State to give due effect thereto and authorise the holder to drive a vehicle under his original driving licence.
   
      (1)  OJ C 289 of 13.10.2001.