Wittmann (Judgment) [2015] EUECJ C-339/14 (21 May 2015)

Wittmann (Judgment) [2015] EUECJ C-339/14 (21 May 2015)

A measure by which a Member State prohibits the issue of a new driving licence to a person for a given period, because a previous licence was already withdrawn, must be regarded as a restriction, suspension or withdrawal under Article 11(4) of Directive 2006/126/EC. This precludes recognition of any licence issued by another Member State before expiry of that period, regardless of whether the prohibition became final after the foreign licence was issued, provided the grounds for the prohibition existed at the time of issue.

Citation
[2015] EUECJ C-339/14
Parties
Defendant: Mr Wittmann; Intervener: European Commission
Jurisdiction
European Union
Judgment Date
21 May 2015
Procedural Posture
Preliminary Ruling (cjeu) / Judgment on Reference From Oberlandesgericht Nürnberg (higher Regional Court, Nuremberg) in Criminal Proceedings
Outcome
Reference answered; prohibition on issuing a new licence is a restriction, suspension or withdrawal under Article 11(4) of Directive 2006/126/EC, precluding recognition of a foreign licence issued before expiry of the prohibition period.
Legal Topics
Driving Licences, Mutual Recognition, Directive 2006/126/ec, Suspension and Withdrawal of Licences, Road Safety
European Union Law Criminal Law Transport Law Driving Licences Mutual Recognition Directive 2006/126/ec Suspension and Withdrawal of Licences Road Safety

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Parties

Mr Wittmann

Defendant

European Commission

Intervener

Procedural Posture

Preliminary Ruling (cjeu) / Judgment on Reference From Oberlandesgericht Nürnberg (higher Regional Court, Nuremberg) in Criminal Proceedings

Legal Issues

  1. 1 Whether a prohibition on issuing a new driving licence, imposed because a previous licence was already withdrawn, constitutes a 'restriction, suspension or withdrawal' under Article 11(4) of Directive 2006/126/EC, precluding recognition of a licence issued by another Member State before expiry of that period.

Ratio Decidendi

A measure by which a Member State prohibits the issue of a new driving licence to a person for a given period, because a previous licence was already withdrawn, must be regarded as a restriction, suspension or withdrawal under Article 11(4) of Directive 2006/126/EC. This precludes recognition of any licence issued by another Member State before expiry of that period, regardless of whether the prohibition became final after the foreign licence was issued, provided the grounds for the prohibition existed at the time of issue.

Court Disposition

Reference answered; prohibition on issuing a new licence is a restriction, suspension or withdrawal under Article 11(4) of Directive 2006/126/EC, precluding recognition of a foreign licence issued before expiry of the prohibition period.

Orders

  • The second subparagraph of Article 11(4) of Directive 2006/126/EC must be interpreted as meaning that a measure prohibiting the issue of a new driving licence for a given period is a restriction, suspension or withdrawal for the purposes of that provision, precluding recognition of any licence issued by another...