Criminal proceedings against Michel Choquet.

• Jurisdiction: European Union
• Celex Number: 61978CJ0016
• ECLI: ECLI:EU:C:1978:210
• Docket Number: 16/78
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Date: 28 November 1978

Avis juridique important

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61978J0016

Judgment of the Court of 28 November 1978. - Criminal proceedings against Michel Choquet. - Reference for a preliminary ruling: Amtsgericht Reutlingen - Germany. - Recognition of driving licences between Member States. - Case 16/78.

European Court reports 1978 Page 02293
Greek special edition Page 00709
Portuguese special edition Page 00791
Swedish special edition Page 00235
Finnish special edition Page 00257

Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part

Keywords

FREE MOVEMENT OF PERSONS AND SERVICES - NATIONAL OF A MEMBER STATE - ESTABLISHMENT IN ANOTHER MEMBER STATE - DRIVING LICENCE - LICENCE ISSUED BY THE STATE OF IRIGIN - OBLIGATION TO OBTAIN A FRESH LICENCE IN THE HOST STATE - COMPATIBILITY WITH COMMUNITY LAW - CONDITIONS AND LIMITS

( EEC TREATY , ARTS . 48 , 52 AND 59 )

Summary

IT IS NOT IN PRINCIPLE INCOMPATIBLE WITH COMMUNITY LAW FOR ONE MEMBER STATE TO REQUIRE A NATIONAL OF ANOTHER MEMBER STATE , WHO IS PERMANENTLY ESTABLISHED IN ITS TERRITORY , TO OBTAIN A DOMESTIC DRIVING LICENCE FOR THE PURPOSE OF DRIVING MOTOR VEHICLES , EVEN IF HE IS IN POSSESSION OF A DRIVING LICENCE ISSUED BY THE AUTHORITIES IN HIS STATE OF ORIGIN .

HOWEVER , SUCH A REQUIREMENT MAY BE REGARDED AS INDIRECTLY PREJUDICING THE EXERCISE OF THE RIGHT OF FREEDOM OF MOVEMENT , THE RIGHT OF FREEDOM OF ESTABLISHMENT OR THE FREEDOM TO PROVIDE SERVICES GUARANTEED BY ARTICLES 48 , 52 AND 59 OF THE TREATY RESPECTIVELY , AND CONSEQUENTLY AS BEING INCOMPATIBLE WITH THE TREATY , IF IT APPEARS THAT THE CONDITIONS IMPOSED BY NATIONAL RULES ON THE HOLDER OF A DRIVING LICENCE ISSUED BY ANOTHER MEMBER STATE ARE NOT IN DUE PROPORTION TO THE REQUIREMENTS OF ROAD SAFETY . INSISTENCE ON A DRIVING TEST WHICH CLEARLY DUPLICATES A TEST TAKEN IN ANOTHER MEMBER STATE FOR THE CLASSES OF VEHICLE WHICH THE PERSON CONCERNED WISHES TO DRIVE , OR LINGUISTIC DIFFICULTIES ARISING OUT OF THE PROCEDURE LAID DOWN FOR THE CONDUCT OF ANY CHECKS , OR THE IMPOSITION OF EXORBITANT CHARGES FOR COMPLETING THE REQUISITE FORMALITIES COULD ALL BE EXAMPLES OF THIS .

Parties

IN CASE 16/78

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE AMTSGERICHT ( LOCAL COURT ) REUTLINGEN ( FEDERAL REPUBLIC OF GERMANY ) FOR A PRELIMINARY RULING IN THE CRIMINAL PROCEEDINGS PENDING BEFORE THAT COURT AGAINST .

MICHEL CHOQUET ( ELECTRICIAN ), RESIDING AT REUTLINGEN ,

Subject of the case

ON THE INTERPRETATION OF ARTICLES 5 , 7 , 48 AND 56 OF THE EEC TREATY WITH REFERENCE TO THE LAW OF THE FEDERAL REPUBLIC OF GERMANY ON DRIVING LICENCES ,

Grounds

1 BY AN ORDER OF 13 FEBRUARY 1978 , WHICH WAS RECEIVED AT THE COURT REGISTRY ON 16 FEBRUARY 1978 , THE AMTSGERICHT REUTLINGEN REFERRED TO THE COURT , PURSUANT TO ARTICLE 177 OF THE EEC TREATY , A QUESTION ON THE INTERPRETATION OF ARTICLE 48 OF THE EEC TREATY IN CONJUNCTION WITH THE MUTUAL RECOGNITION OF MOTOR VEHICLE DRIVING LICENCES FOR THE BENEFIT OF COMMUNITY NATIONALS .

THIS QUESTION HAS BEEN RAISED DURING CRIMINAL PROCEEDINGS IN WHICH A...