Criminal proceedings against Michel Choquet.
Date: 1978-11-28
4 THE GOVERNMENT OF THE UNITED KINGDOM , IN ITS OBSERVATIONS SUBMITTED DURING THE PROCEEDINGS , DREW ATTENTION TO THE FACT THAT THERE IS NO COMMUNITY LEGAL PROVISION WHICH SPECIFICALLY RELATES TO THE ISSUE OF DRIVING LICENCES .

IN THIS CONNEXION IT SHOULD BE POINTED OUT , IN THE FIRST PLACE , THAT THE COMMISSION IN A PROPOSAL FOR A DIRECTIVE ON THE HARMONIZATION OF THE LAWS RELATING TO MOTOR VEHICLE DRIVING LICENCES , WHICH IT SUBMITTED TO THE COUNCIL ON 5 DECEMBER 1975 ( OFFICIAL JOURNAL 1976 , NO C 8 , P . 2 ), INDICATED THAT ARTICLE 75 ( 1 ) ( C ) OF THE TREATY RELATING TO THE IMPLEMENTATION OF A COMMON TRANSPORT POLICY WAS THE LEGAL BASIS OF THE MEASURES PROPOSED .

THAT ARTICLE , WHICH AUTHORIZES THE COUNCIL TO LAY DOWN ' ' ANY . . . APPROPRIATE PROVISIONS ' '  IN TRANSPORT MATTERS , COULD INDICATE A SOLUTION TO THE DISPUTE ONLY BY WAY OF IMPLEMENTING MEASURES ADOPTED BY THE COUNCIL , AND AT THE PRESENT STAGE THERE ARE NONE .

IT MUST NEVERTHELESS BE APPRECIATED THAT NATIONAL RULES RELATING TO THE ISSUE AND MUTUAL RECOGNITION OF DRIVING LICENCES BY THE MEMBER STATES EXERT AN INFLUENCE , BOTH DIRECT AND INDIRECT , ON THE EXERCISE OF THE RIGHTS GUARANTEED BY THE PROVISIONS OF THE TREATY RELATING TO FREEDOM OF MOVEMENT FOR WORKERS , TO ESTABLISHMENT AND , SUBJECT TO THE REFERENCE CONTAINED IN ARTICLE 61 ( 1 ) OF THE TREATY , TO THE PROVISION OF SERVICES IN GENERAL .

IN FACT , TAKING INTO ACCOUNT THE IMPORTANCE OF INDIVIDUAL MEANS OF TRANSPORT , THE POSSESSION OF A DRIVING LICENCE DULY RECOGNIZED BY THE HOST STATE MAY AFFECT THE ACTUAL PURSUIT BY PERSONS SUBJECT TO COMMUNITY LAW OF A LARGE NUMBER OF OCCUPATIONS FOR EMPLOYED OR SELF-EMPLOYED PERSONS .
7 A COMPARATIVE STUDY OF THE PRESENT POSITION IN THIS FIELD IN THE MEMBER STATES MAKES IT CLEAR THAT THEIR LAWS ON THE ISSUE OF DRIVING LICENCES - ESPECIALLY AS FAR AS CONCERNS THE RULES FOR DRIVING TESTS , THE FREQUENCY OF MEDICAL EXAMINATIONS , THE TERM OF VALIDITY OF DRIVING LICENCES AND THE DEFINITION OF THE DIFFERENT CLASSES OF MOTOR VEHICLES - DIFFER TO SUCH AN EXTENT THAT THE MERE RECOGNITION OF DRIVING LICENCES FOR THE BENEFIT OF PERSONS WHO ELECT TO RESIDE PERMANENTLY WITHIN THE TERRITORY OF A MEMBER STATE OTHER THAN THE STATE WICH ISSUED THEM WITH A DRIVING LICENCE CANNOT BE CONTEMPLATED UNLESS THE REQUIREMENTS FOR THE ISSUE OF THOSE DRIVING LICENCES ARE HARMONIZED TO A SUFFICIENT EXTENT .

IN THESE CIRCUMSTANCES THE REQUIREMENTS IMPOSED BY A MEMBER STATE ON PERSONS ESTABLISHED WITHIN ITS TERRITORY , IN SO FAR AS THE RECOGNITION OF DRIVING LICENCES ISSUED BY OTHER MEMBER STATES IS CONCERNED , CANNOT BE REGARDED AS AMOUNTING IN THEMSELVES TO AN OBSTACLE TO FREEDOM OF MOVEMENT FOR WORKERS , TO FREEDOM OF ESTABLISHMENT OR TO THE LIBERALIZATION OF THE PROVISION OF SERVICES .

CONSEQUENTLY , CONTROLS DESIGNED TO GUARANTEE TO MEMBER STATES THAT THE HOLDER OF A DRIVING LICENCE ISSUED BY ANOTHER MEMBER STATE WHO IS ESTABLISHED WITHIN THEIR TERRITORY SATISFIES THE REQUIREMENTS LAID DOWN FOR THEIR OWN NATIONALS BY THE LEGISLATION APPLICABLE IN THAT FIELD CANNOT IN PRINCIPLE BE REGARDED AS REQUIREMENT WHICH IS INCOMPATIBLE WITH THE RULES OF THE TREATY .