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Case C-665/15: Action brought on 14 December 2015 — European Commission v Portuguese Republic
ECLI:EU:UNKNOWN:62015CN0665
62015CN0665
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EN
Official Journal of the European Union
C 59/10
(Case C-665/15)
(2016/C 059/10)
Language of the case: Portuguese
Parties
Applicant: European Commission (represented by: P. Guerra e Andrade and J. Hottiaux, acting as Agents)
Defendant: Portuguese Republic
Form of order sought
—Declare that, by failing to be connect to the European Union driving licence network, the Portuguese Republic has failed to fulfil its obligations under Article 7(5)(d) of Directive 2006/126/EC (1).
—order Portuguese Republic to pay the costs.
Pleas in law and main arguments
It is apparent from Directive 2006/126 and from case-law that a Member State which issues a driving licence is required to verify whether the minimum requirements for the issue of driving licences are fulfilled.
If the Portuguese Republic is not connected to the European Union driving licence network (RESPER), it cannot verify whether the minimum requirements for the issue of driving licences are fulfilled. It cannot, in particular, verify whether the applicant already holds a driving licence in another Member State.
Moreover, as the Portuguese Republic is not connected to RESPER, other Member States cannot verify, together with Portugal, whether the minimum requirements for the issue of driving licences are fulfilled.
It should be added that other Member States cannot carry out any form of control, together with Portugal, in cases in which the minimum requirements for the issue of driving licences are clearly not fulfilled.
Accordingly, as Portugal is not connected to RESPER, it undermines the essential purpose of the requirement to be connected to the network and of Directive 2006/126, namely to improve road safety and facilitate the free movement of persons.
Article 7(5)(d) of Directive 2006/126 clearly establishes that Member States must use the EU driving licence network, in particular in order to carry out checks and especially in order to prevent a licence holder having more than one driving licence.
Under Article 16(2) of the directive, Member States were required to apply Article 7(5) of the directive as from 19 January 2013.
(1) Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (recast) (OJ 2006 L 403, p. 18).