Case C‑339/14

Andreas Wittmann

(Request for a preliminary ruling from the Oberlandesgericht Nürnberg)

‛Reference for a preliminary ruling — Directive 2006/126/EC — Mutual recognition of driving licences — Period of prohibition — Issue of the driving licence by a Member State before the entry into force of a period of prohibition in the Member State of normal residence — Grounds for refusing to recognise in the Member State of normal residence the validity of a driving licence issued by another Member State’

Summary — Judgment of the Court (Tenth Chamber), 21 May 2015

Transport — Road transport — Driving licences — Directive 2006/126 — Mutual recognition of driving licences — Temporary prohibition on obtaining a new driving licence in the Member State of normal residence of a person, without withdrawal of an earlier driving licence issued by that Member State — Earlier driving licence already subject to withdrawal at the time of that prohibition — Driving licence issued by a second Member State before the entry into force of the period of temporary prohibition in the first Member State — Refusal by the first Member State to recognise the validity of that new licence — Lawfulness

(European Parliament and Council Directive 2006/126, Arts 11(4), second para.)

The second subparagraph of Article 11(4) of Directive 2006/126 on driving licences must be interpreted as meaning that a measure by which the Member State of normal residence of the driver of a motor vehicle, which is unable to withdraw his driving licence because he has already been subject to an earlier withdrawal decision, orders that a new driving licence may not be issued to him for a given period of time must be regarded as a measure restricting, suspending or withdrawing the driving licence for the purposes of that provision, with the consequence that it precludes the recognition of any licence issued by another Member State before the expiry of that period. The fact that the judgment concerning that measure became final after the issue of the driving licence in the second Member State is irrelevant in that regard, provided that the licence was obtained after the delivery of that judgment and the grounds justifying that measure existed on the date that licence was issued.

(see para. 32, operative part)

Case C‑339/14

Andreas Wittmann

(Request for a preliminary ruling from the Oberlandesgericht Nürnberg)

‛Reference for a preliminary ruling — Directive 2006/126/EC — Mutual recognition of driving licences — Period of prohibition — Issue of the driving licence by a Member State before the entry into force of a period of prohibition in the Member State of normal residence — Grounds for refusing to recognise in the Member State of normal residence the validity of a driving licence issued by another Member State’

Summary — Judgment of the Court (Tenth Chamber), 21 May 2015

Transport — Road transport — Driving licences — Directive 2006/126 — Mutual recognition of driving licences — Temporary prohibition on obtaining a new driving licence in the Member State of normal residence of a person, without withdrawal of an earlier driving licence issued by that Member State — Earlier driving licence already subject to withdrawal at the time of that prohibition — Driving licence issued by a second Member State before the entry into force of the period of temporary prohibition in the first Member State — Refusal by the first Member State to recognise the validity of that new licence — Lawfulness

(European Parliament and Council Directive 2006/126, Arts 11(4), second para.)

The second subparagraph of Article 11(4) of Directive 2006/126 on driving licences must be interpreted as meaning that a measure by which the Member State of normal residence of the driver of a motor vehicle, which is unable to withdraw his driving licence because he has already been subject to an earlier withdrawal decision, orders that a new driving licence may not be issued to him for a given period of time must be regarded as a measure restricting, suspending or withdrawing the driving licence for the purposes of that provision, with the consequence that it precludes the recognition of any licence issued by another Member State before the expiry of that period. The fact that the judgment concerning that measure became final after the issue of the driving licence in the second Member State is irrelevant in that regard, provided that the licence was obtained after the delivery of that judgment and the grounds justifying that measure existed on the date that licence was issued.

(see para. 32, operative part)