Case C-476/01

Criminal proceedings

against

Felix Kapper

(Reference for a preliminary ruling from the Amtsgericht Frankenthal)

(Directive 91/439/EEC – Mutual recognition of driving licences – Residence requirement – Article 8(4) – Effects of withdrawal or cancellation of a previous driving licence – Recognition of a new driving licence issued by another Member State)

Summary of the Judgment

1. Freedom of movement for persons – Freedom of establishment – Driving licences – Directive 91/439 – Mutual recognition of driving licences – Driving licence issued without the residence requirement being complied with – Exclusive competence of the State which issues a licence to adopt appropriate measures

(Council Directive 91/439, Arts 1(2), 7(1)(b) and 9)

2. Freedom of movement for persons – Freedom of establishment – Driving licences – Directive 91/439 – Mutual recognition of driving licences – Refusal of a Member State to recognise the validity of a driving licence issued by another Member State

(Council Directive 91/439, Arts 1(2) and 8(4))

1. The principle of mutual recognition of driving licences introduced by Directive 91/439 means that when a host Member State is carrying out a traffic check within its territory, it is precluded from refusing to recognise a driving licence issued by another Member State to the driver of a vehicle 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 that Member State and not in the issuing Member State.

Given that Directive 91/439 confers exclusive competence on the Member State which issues a licence to ensure that driving licences are issued in compliance with the residence requirement set out in Articles 7(1)(b) and 9 of that directive, it is for that Member State alone to take appropriate measures in relation to driving licences held by persons who are subsequently shown to have failed to satisfy that requirement. Where a host Member State has good reason to doubt the validity of one or more licences issued by another Member State, it must so inform the latter under the rules relating to mutual assistance and the exchange of information contained in Article 12(3) of that directive.

(see paras 47-48, operative part 1)

2. The provisions of Articles 1(2) and 8(4) of Directive 91/439 on driving licences, taken together, must be interpreted as meaning that they preclude a Member State from refusing to recognise the validity of a driving licence issued by another Member State on the ground that its holder has, in the first Member State, been subject to a measure withdrawing or cancelling the driving licence issued by that Member State, where a temporary ban on obtaining a new licence, with which that measure is coupled, has expired before the date of issue of the licence issued by the other Member State.

(see para. 78, operative part 2)

JUDGMENT OF THE COURT (Fifth Chamber) 29 April 2004 (1)

(Directive 91/439/EEC – Mutual recognition of driving licences – Residence requirement – Article 8(4) – Effects of withdrawal or cancellation of a previous driving licence – Recognition of a new driving licence issued by another Member State)

In Case C-476/01,

REFERENCE to the Court under Article 234 EC by the Amtsgericht Frankenthal (Germany) for a preliminary ruling in the criminal proceedings pending before that court against

on the interpretation of Article 1(2) of Council Directive 91/439/EEC of 29 July 1991 on driving licences (OJ 1991 L 237, p. 1), as amended by Council Directive 97/26/EC of 2 June 1997 (OJ 1997 L 150, p. 41),

THE COURT (Fifth Chamber),,

composed of: C.W.A. Timmermans, acting for the President of the Fifth Chamber, A. Rosas (Rapporteur) and S. von Bahr, Judges,

Advocate General: P. Léger,

after considering the written observations submitted on behalf of:

after hearing the oral observations of Mr Kapper, represented by W. Säftel, the Italian Republic, represented by A. Cingolo, avvocato dello Stato, and the Commission, represented by G. Braun, at the hearing on 8 May 2003,

after hearing the Opinion of the Advocate General at the sitting on 16 October 2003,

gives the following

‘1. Member States shall introduce a national driving licence based on the Community model described in Annex I or Ia, in accordance with the provisions of this Directive. …

2. Driving licences issued by Member States shall be mutually recognised.

3. Where the holder of a valid national driving licence takes up normal residence in a Member State other than that which issued the licence, the host Member State may apply to the holder of the licence its national rules on the period of validity of the licence, medical checks and tax arrangements and may enter on the licence any information indispensable for administration.’

‘1. Where the holder of a valid national driving licence issued by a Member State has taken up normal residence in another Member State, he may request that his driving licence be exchanged for an equivalent licence; it shall be for the Member State effecting the exchange to check, if necessary, whether the licence submitted is in fact still valid.

2. Subject to observance of the principle of territoriality of criminal and police laws, the Member State of normal residence may apply its national provisions on the restriction, suspension, withdrawal or cancellation of the right to drive to the holder of a driving licence issued by another Member State and, if necessary, exchange the licence for that purpose.

3. The Member State effecting the exchange shall return the old licence to the authorities of the Member State which issued it and give the reasons for so doing.

4. A Member State may refuse to recognise the validity of any driving licence issued by another Member State to a person who is, in the former State’s territory, the subject of one of the measures referred to in paragraph 2.

A Member State may likewise refuse to issue a driving licence to an applicant who is the subject of such a measure in another Member State.’

‘For the purpose of this Directive, “normal” residence means the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he is living.

However, the normal residence of a person whose occupational ties are in a different place from his personal ties and who consequently lives in turn in different places situated in two or more Member States shall be regarded as being the place of his personal ties, provided that such person returns there regularly. This last condition need not be met where the person is living in a Member State in order to carry out a task of a definite duration. Attendance at a university or school shall not imply transfer of normal residence.’

‘With the agreement of the Commission, Member States may make to their national legislation such adjustments as are necessary for the purpose of implementing the provisions of Article 8(4), (5) and (6).’

‘… holders of a foreign driving licence:

if when the licence was issued they had their permanent residence in the territory to which this regulation applies, unless they have been staying abroad for a minimum of six months for the sole purpose of attending a university or school,

for so long as their driving licence has been provisionally withdrawn in the territory to which this regulation applies or for so long as they are unable to obtain a driving licence by reason of a decision of a court which is final, or

if in Germany an administrative authority has adopted an immediately enforceable or definitive decision withdrawing the driving licence or if the issue of a licence to such a holder has been definitively refused; the same shall apply if there was no withdrawal solely because the licence was surrendered in the meantime. …’

‘(1) The holders of a valid EU or EEA driving licence having their normal residence within the meaning of Paragraph 7(1) or (2) in the Federal Republic of Germany are authorised, subject to the restriction set out in subparagraphs (2) to (4), to drive motor vehicles in Germany to the extent to which they are qualified to do so. The conditions subject to which foreign driving licences are issued shall also have effect in Germany. The provisions of this regulation shall apply to those driving licences, save where the contrary is provided.

…

(4) The authorisation which is referred to in subparagraph (1) does not apply to the holders of an EU or EEA driving licence

1.

2.

3.

4.‘Does Article 1(2) of [Directive 91/439] preclude a Member State from refusing to recognise a driving licence where, according to its investigations, another Member State issued that licence although the holder of the licence did not have his normal residence there, and in appropriate cases is direct effect to be given to that provision in that regard?’

Observations submitted to the Court

Findings of the Court

Observations submitted to the Court

Findings of the Court

On those grounds,

THE COURT (Fifth Chamber),

in answer to the question referred to it by the Amtsgericht Frankenthal by order of 11 October 2001, corrected by letter of 19 December 2001, hereby rules:

Timmermans

Rosas

von Bahr

Delivered in open court in Luxembourg on 29 April 2004.

R. Grass

V. Skouris

Registrar

President