CELEX: 62010CA0419
Language: en
Date: 2012-04-26 00:00:00
Title: Case C-419/10: Judgment of the Court (Second Chamber) of 26 April 2012 (reference for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof — Germany) — Wolfgang Hofmann v Freistaat Bayern (Directive 2006/126/EC — Mutual recognition of driving licences — Refusal by a Member State to recognise, in favour of a person whose driving licence was withdrawn on its territory, the validity of a driving licence issued by another Member State)

16.6.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 174/6
            
         Judgment of the Court (Second Chamber) of 26 April 2012 (reference for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof — Germany) — Wolfgang Hofmann v Freistaat Bayern
   (Case C-419/10) (1)
   
   (Directive 2006/126/EC - Mutual recognition of driving licences - Refusal by a Member State to recognise, in favour of a person whose driving licence was withdrawn on its territory, the validity of a driving licence issued by another Member State)
   2012/C 174/06
   Language of the case: German
   
      Referring court
   
   Bayerischer Verwaltungsgerichtshof
   
      Parties to the main proceedings
   
   
      Applicant: Wolfgang Hofmann
   
      Defendant: Freistaat Bayern
   
      Re:
   
   Reference for a preliminary ruling — Bayerischer Verwaltungsgerichtshof — Interpretation of Articles 2(1) and 11(4) of Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (OJ 2006 L 403, p. 18) — Mutual recognition of driving licences — Refusal by a Member State to recognise the validity of a driving licence issued by another Member State to a person whose driving licence is withdrawn in its territory.
   
      Operative part of the judgment
   
   Articles 2(1) and 11(4), second subparagraph, of European Parliament and Council Directive 2006/126/EC of 20 December 2006 on driving licences must be interpreted as precluding a Member State from refusing, outside any period of prohibition on applying for a new driving licence imposed on the holder of a driving licence issued by another Member State and when the condition of normal residence in the territory of the latter has been complied with, to recognise the validity of that driving licence, where the said holder has been subject, in the territory of the first Member State, to a measure withdrawing a previous driving licence.
   
      (1)  OJ C 301, 6.11.2010.