CELEX: 62010CA0184
Language: en
Date: 2011-05-19 00:00:00
Title: Case C-184/10: Judgment of the Court (Second Chamber) of 19 May 2011 (reference for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof — Germany) — Mathilde Grasser v Freistaat Bayern (Directive 91/439/EEC — Mutual recognition of driving licences — Driving licence issued by a Member State in disregard of the residence condition — Refusal of recognition by the host Member State based solely on disregard of the residence condition)

9.7.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 204/10
            
         Judgment of the Court (Second Chamber) of 19 May 2011 (reference for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof — Germany) — Mathilde Grasser v Freistaat Bayern
   (Case C-184/10) (1)
   
   (Directive 91/439/EEC - Mutual recognition of driving licences - Driving licence issued by a Member State in disregard of the residence condition - Refusal of recognition by the host Member State based solely on disregard of the residence condition)
   2011/C 204/18
   Language of the case: German
   
      Referring court
   
   Bayerischer Verwaltungsgerichtshof
   
      Parties to the main proceedings
   
   
      Applicant: Mathilde Grasser
   
      Defendant: Freistaat Bayern
   
      Re:
   
   Reference for a preliminary ruling — Bayerischer Verwaltungsgerichtshof — 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) — Driving licence issued by a Member State to a national of another Member State normally resident in that other Member State at the time of issue of the licence and never having been the subject of a measure withdrawing the national licence — Whether Member States may refuse to recognise a driving licence issued by another Member State on the sole basis of the infringement of the residence condition
   
      Operative part of the judgment
   
   Articles 1(2), 7(1)(b) and 8(2) and (4) of Council Directive 91/439/EEC of 29 July 1991 on driving licences, as amended by Commission Directive 2008/65/EC of 27 June 2008, must be interpreted as not precluding a host Member State from refusing to recognise in its territory a driving licence issued by another Member State, where it is established, on the basis of entries appearing in that licence, that the normal residence condition, laid down in Article 7(1)(b) of that directive, has not been observed. The fact that the host Member State has not applied any measure under Article 8(2) of that directive to the licence holder is irrelevant in that regard.
   
      (1)  OJ C 179, 3.7.2010.