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Case C-590/10: Reference for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof (Germany) lodged on 15 December 2010 — Wolfgang Köppl v Freistaat Bayern
ECLI:EU:UNKNOWN:62010CN0590
62010CN0590
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26.3.2011
Official Journal of the European Union
C 95/2
(Case C-590/10)
2011/C 95/02
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Wolfgang Köppl
Defendant: Freistaat Bayern
Questions referred
1.Are Article 1(2) and Article 8(2) and (4) of Directive 91/439/EEC (1) — with particular regard to Article 2(1) and Article 3(1) of the Charter of Fundamental Rights of the European Union — to be interpreted as meaning that a Member State (the ‘host Member State’) is entitled not to recognise a Category B driving licence which another Member State (‘the issuing Member State’) has issued to a person on whom the host Member State has imposed prior measures within the meaning of Article 8(2) of Directive 91/439/EEC and which driving licence is on the face of the document itself in breach of the residence requirement of Article 7(1)(b) of Directive 91/439/EEC, if that person has subsequently obtained in the issuing Member State a Category C driving licence which is not on the face of that driving licence in breach of the residence requirement?
2.If the answer to that question is in the affirmative, can the host Member State refuse to recognise the Category C driving licence issued to that person?
Council Directive 91/439/EEC of 29 July 1991 on driving licences (OJ 1991 L 237, p. 1).