Keywords
Summary

Keywords

FREE MOVEMENT OF PERSONS AND SERVICES - NATIONAL OF A MEMBER STATE - ESTABLISHMENT IN ANOTHER MEMBER STATE - DRIVING LICENCE - LICENCE ISSUED BY THE STATE OF IRIGIN - OBLIGATION TO OBTAIN A FRESH LICENCE IN THE HOST STATE - COMPATIBILITY WITH COMMUNITY LAW - CONDITIONS AND LIMITS

( EEC TREATY , ARTS . 48 , 52 AND 59 )

Summary

IT IS NOT IN PRINCIPLE INCOMPATIBLE WITH COMMUNITY LAW FOR ONE MEMBER STATE TO REQUIRE A NATIONAL OF ANOTHER MEMBER STATE , WHO IS PERMANENTLY ESTABLISHED IN ITS TERRITORY , TO OBTAIN A DOMESTIC DRIVING LICENCE FOR THE PURPOSE OF DRIVING MOTOR VEHICLES , EVEN IF HE IS IN POSSESSION OF A DRIVING LICENCE ISSUED BY THE AUTHORITIES IN HIS STATE OF ORIGIN .

HOWEVER , SUCH A REQUIREMENT MAY BE REGARDED AS INDIRECTLY PREJUDICING THE EXERCISE OF THE RIGHT OF FREEDOM OF MOVEMENT , THE RIGHT OF FREEDOM OF ESTABLISHMENT OR THE FREEDOM TO PROVIDE SERVICES GUARANTEED BY ARTICLES 48 , 52 AND 59 OF THE TREATY RESPECTIVELY , AND CONSEQUENTLY AS BEING INCOMPATIBLE WITH THE TREATY , IF IT APPEARS THAT THE CONDITIONS IMPOSED BY NATIONAL RULES ON THE HOLDER OF A DRIVING LICENCE ISSUED BY ANOTHER MEMBER STATE ARE NOT IN DUE PROPORTION TO THE REQUIREMENTS OF ROAD SAFETY . INSISTENCE ON A DRIVING TEST WHICH CLEARLY DUPLICATES A TEST TAKEN IN ANOTHER MEMBER STATE FOR THE CLASSES OF VEHICLE WHICH THE PERSON CONCERNED WISHES TO DRIVE , OR LINGUISTIC DIFFICULTIES ARISING OUT OF THE PROCEDURE LAID DOWN FOR THE CONDUCT OF ANY CHECKS , OR THE IMPOSITION OF EXORBITANT CHARGES FOR COMPLETING THE REQUISITE FORMALITIES COULD ALL BE EXAMPLES OF THIS .