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Case C-112/19: Judgment of the Court (Tenth Chamber) of 28 October 2020 (request for a preliminary ruling from the Verwaltungsgericht Aachen — Germany) — Marvin M. v Kreis Heinsberg (Reference for a preliminary ruling — Directive 2006/126/EC — Article 2(1) and Article 11(4) — Driving licence — Mutual recognition — Extent of the obligation to recognise — Driving licence having been the subject of an exchange — Exchange made at a time when the right to drive had been withdrawn by the issuing Member State — Fraud — Refusal to recognise the driving licence issued in the context of the exchange)
ECLI:EU:UNKNOWN:62019CA0112
62019CA0112
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14.12.2020
Official Journal of the European Union
C 433/8
(Case C-112/19)
(Reference for a preliminary ruling - Directive 2006/126/EC - Article 2(1) and Article 11(4) - Driving licence - Mutual recognition - Extent of the obligation to recognise - Driving licence having been the subject of an exchange - Exchange made at a time when the right to drive had been withdrawn by the issuing Member State - Fraud - Refusal to recognise the driving licence issued in the context of the exchange)
(2020/C 433/07)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Marvin M.
Defendant: Kreis Heinsberg
Operative part of the judgment
1.Article 2(1) of Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences must be interpreted as meaning that mutual recognition, without any formality, which it lays down, is applicable to a driving licence issued following an exchange under Article 11(1) of that directive, subject to the exceptions provided for by that directive;
2.The second subparagraph of Article 11(4) of Directive 2006/126 must be interpreted as meaning that it allows a Member State to refuse to recognise a driving licence which was the subject of an exchange pursuant to Article 11(1) of that directive, on the ground that that Member State had, prior to that exchange, withdrawn the authorisation to drive from the holder of that driving licence.
(1) OJ C 172, 20.5.2019.