21.11.2009

Official Journal of the European Union

C 282/17

(Case C-445/08)

(Article 104(3), first subparagraph, of the Rules of Procedure - Driving licence - Directive 91/439/EEC - Withdrawal of national licence for drunk driving - Failure to produce a medical-psychological certificate which is required in order to obtain a new licence in the host Member State - Licence issued in another Member State - Verification by the host Member of State of the residence condition - Possibility of relying on the information provided by the holder of the licence by virtue of his obligation to cooperate under the national law of the host Member State - Possibility of carrying out investigations in the issuing Member State)

2009/C 282/33

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Kurt Wierer

Defendant: Land Baden-Württemberg

Re:

Reference for a preliminary ruling — Verwaltungsgerichtshof Baden-Württemberg — Interpretation of Article 9 of Council Directive 91/439/EEC of 29 July 1991 on driving licences (OJ 1991 L 237, p. 1) — Refusal to recognise a driving licence issued in another Member in disregard of the residence condition — Possibility for the host Member State, for the purposes of examining compliance with the residence condition at the time of issuing the driving licence, to rely on information which was provided by the driving licence holder in the course of administrative procedures or court proceedings by virtue of his obligation to cooperate, or, where appropriate, to conduct investigations in the issuing Member State — Holder who has had his national licence withdrawn for drunk driving, and who has been unable to produce the medical-psychological report which is required in order to obtain a new licence in his State of residence

Operative part

Articles 1(2), 7(1) and 8(2) and (4) of Council Directive 91/439/EEC of 29 July 1991 on driving licences, as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003, must be interpreted as meaning that a Member State is precluded from refusing, within its territory, to recognise a right to drive under a driving licence subsequently issued by another Member State to a person who has earlier, in the host Member State, had his previous driving licence withdrawn for drunk driving, and when that second licence has been obtained after any period in which he is forbidden to apply for a new licence, if it transpires:

that, on the basis of the explanations and information provided by the holder of that licence in the course of administrative procedures or court proceedings pursuant to an obligation to cooperate imposed on him under the national law of the host Member State, the condition of residence was not observed by the Member State which issued that licence,

that information obtained during investigations conducted by the national authorities and courts of the host Member State in the issuing Member State is not incontestable information from the issuing Member State attesting that the holder was not normally resident in the territory of that State when it issued a driving licence.

Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark; OJ C 32, 7.02.2009.