CELEX: C2004/262/05
Language: en
Date: 2004-10-23 00:00:00
Title: Judgment of the Court (Second Chamber) of 9 September 2004 in Case C-195/02: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 91/439/EEC — Driving licences — Mutual recognition — Compulsory registration and exchange — Conditions for the renewal of licences issued prior to the transposition of the directive)

23.10.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 262/3
            
         
      JUDGMENT OF THE COURT
   
   (Second Chamber)
   of 9 September 2004
   in Case C-195/02: Commission of the European Communities v Kingdom of Spain (1)
   
   (Failure of a Member State to fulfil obligations - Directive 91/439/EEC - Driving licences - Mutual recognition - Compulsory registration and exchange - Conditions for the renewal of licences issued prior to the transposition of the directive)
   (2004/C 262/05)
   Language of the case: Spanish
   In Case C-195/02: action under Article 226 EC for failure to fulfil obligations brought on 27 May 2002 by Commission of the European Communities (Agents: F. Castillo de la Torre and W. Wils) against Kingdom of Spain (Agent: N. Díaz Abad), supported by Kingdom of the Netherlands (Agents: H.G. Sevenster and S. Terstal) and by United Kingdom of Great Britain and Northern Ireland (Agents: P. Ormond, assisted by A. Robertson) — the Court (Second Chamber), composed of: C.W.A. Timmermans, President of the Chamber, J.-P Puissochet, R. Schintgen (Rapporteur), F. Macken and N. Colneric, Judges; P. Léger, Advocate General; M. Múgica Arzamendi, Principal Administrator, gave a judgment on 9 September 2004, in which it:
   
               1.
            
            
               Declares that, by adopting Articles 22 to 24 and 25(2) of the Reglamento de conductores (Regulations on Drivers), of 30 May 1977, and also the seventh transitional provision of those regulations, the Kingdom of Spain has failed to fulfil its obligations under Articles 1(2) and 7(1)(a) of, and point 4 of Annex I to, Council Directive 91/439/EEC of 29 July 1991 on driving licences, as amended by Council Directive 96/47/EC of 23 July 1996;
            
         
               2.
            
            
               Orders the Kingdom of Spain to pay the costs;
            
         
               3.
            
            
               Orders the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.
            
         
      (1)  OJ C 191 of 10.8.2002.