Order of the Court (Sixth Chamber) of 2 December 2010 (reference for a preliminary ruling from the Verwaltungsgericht Meiningen — Germany) — Frank Scheffler v Landkreis Wartburgkreis

(Case C-334/09) (1)

(First subparagraph of Article 104(3) of the Rules of Procedure - Directive 91/439/EEC - Mutual recognition of driving licences - Surrender of the national driving licence after reaching the maximum number of points for various offences - Driving licence issued in another Member State - Negative medical psychological expert’s report obtained in the Member State of residence after obtaining a new licence in another Member State - Withdrawal of the right to drive in the territory of the first Member State - Authority for the Member State of residence of the holder of the licence issued in another Member State to apply its national provisions on the restriction, suspension, withdrawal or cancellation of the right to drive to the said licence - Conditions - Interpretation of the concept of ‘conduct after obtaining the new driving licence’)

2011/C 63/25

Language of the case: German

Referring court

Verwaltungsgericht Meiningen

Parties to the main proceedings

Applicant: Frank Scheffler

Defendant: Landkreis Wartburgkreis

Re:

Reference for a preliminary ruling — Verwaltungsgericht Meiningen — Interpretation of Articles 1(2) and 8(2) and (4) of Council Directive 91/439/EEC of 29 July 1991 on driving licences (OJ 1991 L 237, p. 1) — Driving licence issued by a Member State to a national of another Member State having given up his national licence and having his normal residence, at the time of the issue of the new licence, in the territory of the issuing Member State — Refusal by the authorities of the Member State of domicile to recognise that licence based on a medical-psychological expert’s report drawn up in that Member State on the basis of a medical examination carried out after the issue of the new licence, but referring only to circumstances prior to its being obtained — Whether classification of that report as a circumstance subsequent to the obtaining of the new driving licence capable of justifying application of national provisions on the restriction, suspension, withdrawal or annulment of the right to drive.

Operative part of the order

Article 1(2) and Article 8(2) and (4) of Council Directive 91/439/EEC of 29 July 1991 on driving licences, as amended by Council Directive 2006/103/EC of 20 November 2006, must be interpreted as meaning that they preclude a Member State, when exercising its authority under Article 8(2) to apply its national provisions on the restriction, suspension, withdrawal or cancellation of the right to drive to the holder of a driving licence issued in another Member State, from refusing to recognise in its territory the right to drive, resulting from a valid driving licence issued in another Member State, on account of an expert’s report on fitness to drive submitted by the holder of the driving licence in question if the report, although issued after the date of issue of the driving licence and based on an examination of the party concerned carried out after that date, has no connection, even partial, to conduct of the person concerned occurring after the issue of the driving licence and relates solely to circumstances that took place prior to that date.

(1)  OJ C 267, 7.11.2009.