7.2.2009

Official Journal of the European Union

C 32/11

(Case C-445/08)

(2009/C 32/19)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Kurt Wierer

Defendant: Land Baden-Württemberg

Questions referred

1.Is it contrary to the principles developed by the Court of Justice in the judgments of 26 June 2008 (in Joined Cases C-329/06 and C-343/06 Wiedemann and Joined Cases C-334/06 and C-336/06 Zerche) for the national driving licence authorities and the courts of the host Member State, when examining compliance with the residence condition in Article 9 of Directive 91/439/EEC¹ by the issuing Member State at the time of issuing the driving licence, to rely, to the disadvantage of the holder of the driving licence, on statements and information which were provided by the holder in the course of administrative procedures or court proceedings and which he was obliged to provide when complying with an obligation of cooperation under national administrative law in the course of the investigation of facts relevant to the issues of the case?

2.Should that question be answered in the negative: Is it contrary to the principles developed by the Court of Justice in the judgments of 26 June 2008 (in Joined Cases C-329/06 and C-343/06 Wiedemann and Joined Cases C-334/06 and C-336/06 Zerche) for the national driving licence authorities and the courts of the host Member State, when examining compliance with the residence condition in Article 9 of Directive 91/439/EEC by the issuing Member State at the time of issuing the driving licence, in a case where firm evidence exists that the condition was not met at the time the driving licence was issued, to conduct further investigations exclusively in the issuing Member State, for example, with registration authorities, landlords, or employers, and to use those facts, provided that they have evidentiary force, alone or together with information from the issuing Member State or the holder of the driving licence himself?

¹ OJ L 237, p. 1.