Reference for a preliminary ruling from the Verwaltungsgericht Meiningen (Germany) lodged on 24 August 2009 — Frank Scheffler v Landkreis Wartburgkreis

(Case C-334/09)

2009/C 267/73

Language of the case: German

Referring court

Verwaltungsgericht Meiningen

Parties to the main proceedings

Applicant: Frank Scheffler

Defendant: Landkreis Wartburgkreis

Question referred

May a Member State, in accordance with Article 1(2) and Article 8(2) and (4) of Directive 91/439/EEC, (1) exercise its authority under Article 8(2) of Directive 91/439/EEC — to 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 — in relation to a certificate of aptitude to drive submitted by the holder of a driving licence issued by another Member State if the certificate was issued after the date of issue of the driving licence and is also based on an examination of the party concerned carried out after the issue of the driving licence, but relates to circumstances that took place prior to the issue of the driving licence.

(1)  Council Directive 91/439/EEC of 29 July 1991 on driving licences (OJ L 237, 24.8.1991, p. 1).