Keywords
Summary

Keywords

Freedom of movement for persons — Freedom of establishment — Driving licence — Directive 91/439 — Driving licence issued by the Member State of origin which cannot be registered in the registry of driving licences of the host Member State — Requirement to exchange licence — Not permissible — Fulfilment of the conditions for the renewal of licence in that State — Burden of proof on the holder of the licence — Discrimination on grounds of nationality — Prohibited — Not applicable in a situation purely internal to a Member State — ( Council Directive 91/439, Art. 1)

Summary

Article 1(1) and (2) of Directive 91/439 on driving licences, as amended by Directive 96/47, setting out the principle of mutual recognition of Community model driving licences, must be interpreted as precluding legislation of a Member State which requires, under certain circumstances, holders of driving licences issued by another Member State who are established in its territory to exchange that licence for a national driving licence on the ground that a driving licence issued by another Member State which does not comply with the provisions on the period of validity which apply in the host Member State cannot be registered in its register of driving licences.

It is for the holder of a driving licence issued by a Member State who takes up normal residence in another Member State which has exercised its discretion under Article 1(3) of Directive 91/439 to apply some of its national rules to prove that he fulfils the conditions set out in the legislation of the host Member State on the renewal of driving licences. However, once that has been proven, it is a matter for the authorities of the host Member State to give due effect thereto and authorise the holder to drive a vehicle under his original driving licence.

That conclusion is not affected by the fact that a Member State is prevented from requiring Community nationals who have their residence there to exchange their driving licences issued by another Member State for a national driving licence, while the holders of a national licence, who are primarily nationals of the host Member State, are required to exchange that licence periodically for a new one. Any discrimination which nationals of a Member State may suffer under the law of that State fall within the scope of that law and must therefore be dealt with within the framework of the internal legal system of that State.

see paras 35-37, operative part