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Case C-703/22, CBR (Hemianopsia): Judgment of the Court (Eighth Chamber) of 21 March 2024 (request for a preliminary ruling from the Raad van State - Netherlands) – WU v Directie van het Centraal Bureau Rijvaardigheidsbewijzen (CBR) (Reference for a preliminary ruling – Transport – Road transport – Directive 2006/126/EC – Driving licences – Conditions for issue or renewal – Minimum standards for physical and mental fitness – Eyesight – Point 6.4 of Annex III – Principle of proportionality – Person not meeting the field of vision requirement – Favourable opinion on fitness to drive issued by medical experts – Discretion in an individual case failing an express exception)
ECLI:EU:UNKNOWN:62022CA0703
62022CA0703
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Official Journal of the European Union
C series
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C/2024/3133
(Case C-703/22,
CBR (Hemianopsia))
(Reference for a preliminary ruling - Transport - Road transport - Directive 2006/126/EC - Driving licences - Conditions for issue or renewal - Minimum standards for physical and mental fitness - Eyesight - Point 6.4 of Annex III - Principle of proportionality - Person not meeting the field of vision requirement - Favourable opinion on fitness to drive issued by medical experts - Discretion in an individual case failing an express exception)
(C/2024/3133)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: WU
Defendant: Directie van het Centraal Bureau Rijvaardigheidsbewijzen (CBR)
Operative part of the judgment
must be interpreted as precluding, in a specific case, a person who does not, from a medical point of view, meet the requirement provided for in that point that drivers in Group 2 – that is, drivers of vehicles in categories C, CE, C1, C1E, D, DE, D1 and D1E – must not have a horizontal field of vision in both eyes of less than 160 degrees, from being considered to meet that standard, in so far as, according to several medical experts, that person is actually able to drive a motor vehicle in one of those categories.
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ELI: http://data.europa.eu/eli/C/2024/3133/oj
ISSN 1977-091X (electronic edition)
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