Official Journal of the European Union

C 236/19

(Case C-339/14) (<span class="super">1</span>)

((Reference for a preliminary ruling - Directive 2006/126/EC - Mutual recognition of driving licences - Period of prohibition - Issue of the driving licence by a Member State before the entry into force of a period of prohibition in the Member State of normal residence - Grounds for refusing to recognise in the Member State of normal residence the validity of a driving licence issued by another Member State))

(2015/C 236/27)

Language of the case: German

Referring court

Party in the criminal proceedings

Operative part of the judgment

The second subparagraph of Article 11(4) 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 a measure by which the Member State of normal residence of the driver of a motor vehicle, which is unable to withdraw his driving licence because he has already been subject to an earlier withdrawal decision, orders that a new driving licence may not be issued to him for a given period of time must be regarded as a measure restricting, suspending or withdrawing the driving licence for the purposes of that provision, with the consequence that it precludes the recognition of any licence issued by another Member State before the expiry of that period. The fact that the judgment concerning that measure became final after the issue of the driving licence in the second Member State is irrelevant in that regard, provided that the licence was obtained after the delivery of that judgment and the grounds justifying that measure existed on the date that licence was issued.

* Language of the case: German.

(1) OJ C 372, 20.10.2014.