CELEX: 62014CA0339
Language: en
Date: 2015-05-21 00:00:00
Title: Case C-339/14: Judgment of the Court (Tenth Chamber) of 21 May 2015 (request for a preliminary ruling from the Oberlandesgericht Nürnberg (Germany)) — Criminal proceedings against Andreas Wittmann (Reference for a preliminary ruling — Directive 2006/126/EC — Mutual recognition of driving licences — Period of prohibition — Issue of the driving licence by a Member State before the entry into force of a period of prohibition in the Member State of normal residence — Grounds for refusing to recognise in the Member State of normal residence the validity of a driving licence issued by another Member State)

20.7.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 236/19
            
         Judgment of the Court (Tenth Chamber) of 21 May 2015 (request for a preliminary ruling from the Oberlandesgericht Nürnberg (Germany)) — Criminal proceedings against Andreas Wittmann
   (Case C-339/14) (1)
   
   ((Reference for a preliminary ruling - Directive 2006/126/EC - Mutual recognition of driving licences - Period of prohibition - Issue of the driving licence by a Member State before the entry into force of a period of prohibition in the Member State of normal residence - Grounds for refusing to recognise in the Member State of normal residence the validity of a driving licence issued by another Member State))
   (2015/C 236/27)
   Language of the case: German
   
      Referring court
   
   Oberlandesgericht Nürnberg
   
      Party in the criminal proceedings
   
   Andreas Wittmann
   
      Operative part of the judgment
   
   The second subparagraph of Article 11(4) of Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences must be interpreted as meaning that a measure by which the Member State of normal residence of the driver of a motor vehicle, which is unable to withdraw his driving licence because he has already been subject to an earlier withdrawal decision, orders that a new driving licence may not be issued to him for a given period of time must be regarded as a measure restricting, suspending or withdrawing the driving licence for the purposes of that provision, with the consequence that it precludes the recognition of any licence issued by another Member State before the expiry of that period. The fact that the judgment concerning that measure became final after the issue of the driving licence in the second Member State is irrelevant in that regard, provided that the licence was obtained after the delivery of that judgment and the grounds justifying that measure existed on the date that licence was issued.
   
      (1)  OJ C 372, 20.10.2014.