Reference for a preliminary ruling from the Bayerischen Verwaltungsgerichtshof (Germany) lodged on 23 August 2010 — Wolfgang Hofmann v Freistaat Bayern

(Case C-419/10)

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2010/C 301/16

Language of the case: German

Referring court

Bayerischer Verwaltungsgerichtshof

Parties to the main proceedings

Applicant: Wolfgang Hofmann

Defendant: Freistaat Bayern

Question referred

Are Article 2(1) and Article 11(4), second sentence, of Directive 2006/126/EC (1) to be interpreted as meaning that a Member State must refuse to recognise the validity of a driving licence issued by another Member State to a person outside a period during which that person was prohibited from applying for a new licence, in the case where that person’s driving licence had been withdrawn in the national territory of the first Member State and that person’s normal place of residence at the time of the issue of the driving licence was in the national territory of the issuing Member State?

(1)  OJ 2006 L 403, p. 18.