Criminal proceedings against Sofia Skanavi and Konstantin Chryssanthakopoulos. (Freedom of movement for persons) [1996] EUECJ C-193/94 (29 February 1996)

Criminal proceedings against Sofia Skanavi and Konstantin Chryssanthakopoulos. (Freedom of movement for persons) [1996] EUECJ C-193/94 (29 February 1996)

Article 52 EC Treaty does not preclude a Member State from requiring exchange of a driving licence issued by another Member State within one year of residence, but precludes treating failure to exchange as equivalent to driving without a licence and imposing criminal penalties, as such penalties are disproportionate and impede free movement.

Citation
[1996] EUECJ C-193/94
Parties
Accused: Mrs Skanavi; Accused: Mr Chryssanthakopoulos; Prosecutor: Public Prosecutor at the Landgericht Berlin
Jurisdiction
European Union
Judgment Date
29 February 1996
Procedural Posture
Criminal Proceedings / Preliminary Ruling (article 177 EC Treaty) From Amtsgericht Tiergarten, Berlin
Outcome
Partially in favour of applicants; obligation to exchange permitted, but criminal penalties for failure to exchange not permitted under Article 52 EC Treaty.
Legal Topics
Free Movement of Persons, Driving Licence Mutual Recognition, Discrimination on Grounds of Nationality, Proportionality of Penalties
European Union Law Criminal Law Free Movement of Persons Driving Licence Mutual Recognition Discrimination on Grounds of Nationality Proportionality of Penalties

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Parties

Mrs Skanavi

Accused

Mr Chryssanthakopoulos

Accused

Public Prosecutor at the Landgericht Berlin

Prosecutor

Procedural Posture

Criminal Proceedings / Preliminary Ruling (article 177 EC Treaty) From Amtsgericht Tiergarten, Berlin

Legal Issues

  1. 1 Whether Article 52 EC Treaty precludes a Member State from requiring exchange of a driving licence issued by another Member State within one year of residence
  2. 2 Whether criminal penalties for failure to exchange such a licence are compatible with Article 52 EC Treaty

Ratio Decidendi

Article 52 EC Treaty does not preclude a Member State from requiring exchange of a driving licence issued by another Member State within one year of residence, but precludes treating failure to exchange as equivalent to driving without a licence and imposing criminal penalties, as such penalties are disproportionate and impede free movement.

Court Disposition

Partially in favour of applicants; obligation to exchange permitted, but criminal penalties for failure to exchange not permitted under Article 52 EC Treaty.

Orders

  • Article 52 EC Treaty does not preclude requiring exchange of a driving licence within one year of residence.
  • Article 52 EC Treaty precludes treating failure to exchange as driving without a licence and imposing criminal penalties.