Kapper (Freedom of establishment) [2004] EUECJ C-476/01 (29 April 2004)

Kapper (Freedom of establishment) [2004] EUECJ C-476/01 (29 April 2004)

Articles 1(2), 7(1)(b), and 9 of Directive 91/439 preclude a Member State from refusing to recognise a driving licence issued by another Member State on the ground that the holder did not have normal residence in the issuing State. Articles 1(2) and 8(4) preclude refusal to recognise a licence where a previous withdrawal or cancellation in the first State was coupled with a temporary ban that has expired before the new licence was issued.

Citation
[2004] EUECJ C-476/01
Parties
Defendant: Mr Kapper; Referring Court: Amtsgericht Frankenthal (Frankenthal Local Court)
Jurisdiction
European Union
Judgment Date
29 April 2004
Procedural Posture
Preliminary Ruling (article 234 Ec) / Judgment of the Court of Justice of the European Communities
Outcome
Preliminary ruling issued; national law precluded from refusing recognition in the circumstances described.
Legal Topics
Mutual Recognition of Driving Licences, Interpretation of Council Directive 91/439/eec, Freedom of Movement, Validity and Recognition of Foreign Driving Licences, Direct Effect of EU Directives
European Union Law Criminal Law Administrative Law Mutual Recognition of Driving Licences Interpretation of Council Directive 91/439/eec Freedom of Movement Validity and Recognition of Foreign Driving Licences Direct Effect of EU Directives

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Parties

Mr Kapper

Defendant

Amtsgericht Frankenthal (Frankenthal Local Court)

Referring Court

Procedural Posture

Preliminary Ruling (article 234 Ec) / Judgment of the Court of Justice of the European Communities

Legal Issues

  1. 1 Whether Articles 1(2), 7(1)(b), and 9 of Directive 91/439 preclude a Member State from refusing to recognise a driving licence issued by another Member State on the ground that the holder did not have normal residence in the issuing State.
  2. 2 Whether Articles 1(2) and 8(4) of Directive 91/439 preclude a Member State from refusing to recognise a driving licence issued by another Member State where a previous withdrawal or cancellation of a licence in the first State was coupled with a temporary ban that has expired.

Ratio Decidendi

Articles 1(2), 7(1)(b), and 9 of Directive 91/439 preclude a Member State from refusing to recognise a driving licence issued by another Member State on the ground that the holder did not have normal residence in the issuing State. Articles 1(2) and 8(4) preclude refusal to recognise a licence where a previous withdrawal or cancellation in the first State was coupled with a temporary ban that has expired before the new licence was issued.

Court Disposition

Preliminary ruling issued; national law precluded from refusing recognition in the circumstances described.

Orders

  • Articles 1(2), 7(1)(b), and 9 of Directive 91/439 preclude refusal to recognise a licence based on residence grounds.
  • Articles 1(2) and 8(4) of Directive 91/439 preclude refusal to recognise a licence where a temporary ban has expired before the new licence was issued.