Reference for a preliminary ruling from the Oberlandesgericht München by order of that court of 9 September 2005 in the criminal proceedings against Stefan Kremer

(Case C-340/05)

(2005/C 296/27)

Language of the case: German

Reference has been made to the Court of Justice of the European Communities by order of the Oberlandesgericht München (Germany) of 9 September 2005, received at the Court Registry on 19 September 2005, for a preliminary ruling in the criminal proceedings against Stefan Kremer.

The reference concerns the case where the driving licence of a person in a Member State (host State) has been withdrawn by the administrative authorities due to unfitness to drive or the acquisition of such a licence has been refused, the acquisition of a new driving licence in that host State is dependant on the applicant obtaining a medical/psychological certificate proving his fitness to drive in accordance with the provisions of that host State, the applicant fails to obtain this, and subsequently — before expiration of the driving ban in the host Member State — he acquires a driving licence in another Member State (issuing State).

The following questions are referred for a preliminary ruling:

Does Article 8(4) of Council Directive 91/439/EEC (1) permit, in such a case, the host State to adopt a legal rule under which a driving licence from an issuing State may be used in the host State only on application and after examination as to whether the conditions for the measure under Article 8(2) of the directive have ceased to apply,

or, does it follow from the principle of mutual recognition of driving licenses laid down in Article 1(2) of the directive and from the requirement that Article 8(4) of the directive should be narrowly construed, that the host State must recognise the validity of the driving licence without a prior control procedure and that that host State merely has the authority to deny the right to use the driving licence in the host State if reasons (still) exist which justify the application of measures under Article 8(2) of the directive?

(1)  OJ L 237, p. 1.