26.3.2011 |
EN |
Official Journal of the European Union |
C 95/2 |
Reference for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof (Germany) lodged on 15 December 2010 — Wolfgang Köppl v Freistaat Bayern
(Case C-590/10)
2011/C 95/02
Language of the case: German
Referring court
Bayerischer Verwaltungsgerichtshof
Parties to the main proceedings
Applicant: Wolfgang Köppl
Defendant: Freistaat Bayern
Questions referred
1. |
Are Article 1(2) and Article 8(2) and (4) of Directive 91/439/EEC (1) — with particular regard to Article 2(1) and Article 3(1) of the Charter of Fundamental Rights of the European Union — to be interpreted as meaning that a Member State (the ‘host Member State’) is entitled not to recognise a Category B driving licence which another Member State (‘the issuing Member State’) has issued to a person on whom the host Member State has imposed prior measures within the meaning of Article 8(2) of Directive 91/439/EEC and which driving licence is on the face of the document itself in breach of the residence requirement of Article 7(1)(b) of Directive 91/439/EEC, if that person has subsequently obtained in the issuing Member State a Category C driving licence which is not on the face of that driving licence in breach of the residence requirement? |
2. |
If the answer to that question is in the affirmative, can the host Member State refuse to recognise the Category C driving licence issued to that person? |
(1) Council Directive 91/439/EEC of 29 July 1991 on driving licences (OJ 1991 L 237, p. 1).