CELEX: C2004/094/31
Language: en
Date: 2004-04-17 00:00:00
Title: Order of the Court (Third Chamber) of 11 December 2003 in Case C-408/02 (reference for a preliminary ruling from the Cour de Cassation): Criminal proceedings against José Antonio da Silva Carvalho

17.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 94/15
            
         
      ORDER OF THE COURT
   
   (Third Chamber)
   of 11 December 2003
   in Case C-408/02 (reference for a preliminary ruling from the Cour de Cassation): Criminal proceedings against José Antonio da Silva Carvalho (1)
   
   (Article 104(3) of the Rules of Procedure - Directive 91/439/EEC - Mutual recognition of driving licences - Residence condition - Obtaining of a driving licence in a Member State other than the one in which the holder of that licence resides)
   (2004/C 94/31)
   Language of the case: French
   In Case C-408/02: reference to the Court under Article 234 EC by the Cour de Cassation (Luxembourg) for a preliminary ruling in the criminal proceedings pending before that court against José Antonio da Silva Carvalho on the interpretation of Article 1(2) and (3) of Council Directive 91/439/EEC of 29 July 1991 on driving licences, the Court (Third Chamber), composed of A. Rosas (Rapporteur), President of the Chamber, R. Schintgen and N. Colneric, Judges; P. Léger, Advocate-General; R. Grass, Registrar, gave an order on 11 December 2003, the operative part of which is as follows:
   The combined provisions of Articles 1(2), 7(1)(b) and 9 of Council Directive 91/439/EEC of 29 July 1991 on driving licences, as amended by Council Directive 97/26/EC of 2 June 1997, must be interpreted as precluding a Member State from refusing recognition to a driving licence issued by another Member State on the ground that, according to the information available to the first Member State, the holder of the licence in question had, at the date of its issue, established his normal residence in the territory of that Member State and not in the territory of the issuing Member State.
   
      (1)  OJ C 7, 11.1.2003.