Sevda Aykul v Land Baden-Württemberg.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Rosas
• ECLI: ECLI:EU:C:2015:257
• Date: 23 April 2015
• Docket Number: C-260/13
• Procedure Type: Reference for a preliminary ruling

JUDGMENT OF THE COURT (Fifth Chamber)

23 April 2015 ( *1 )

‛Reference for a preliminary ruling — Directive 2006/126/EC — Mutual recognition of driving licences — Refusal of a Member State to recognise, in the case of a person having driven under the influence of narcotic substances, the validity of a driving licence issued by another Member State’

In Case C‑260/13,

REQUEST for a preliminary ruling under Article 267 TFEU from the Verwaltungsgericht Sigmaringen (Germany), made by decision of 30 April 2013, received at the Court on 13 May 2013, in the proceedings

Sevda Aykul

v

Land Baden-Württemberg,

THE COURT (Fifth Chamber),

composed of T. von Danwitz, President of the Chamber, C. Vajda, A. Rosas (Rapporteur), E. Juhász and D. Šváby, Judges,

Advocate General: Y. Bot,

Registrar: K. Malacek, Administrator,

having regard to the written procedure and further to the hearing on 19 June 2014,

after considering the observations submitted on behalf of:

— Ms Aykul, by G. Heinzle, Rechtsanwalt,

— the Italian Government, by G. Palmieri, acting as Agent, and by S. Varone, avvocato dello Stato,

— the Polish Government, by B. Majczyna, acting as Agent,

— the European Commission, by G. Braun and N. Yerrell, acting as Agents,

after hearing the Opinion of the Advocate General at the sitting on 4 September 2014,

gives the following

Judgment

1 This request for a preliminary ruling concerns the interpretation of Articles 2(1) and 11(2) of Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (OJ 2006 L 403, p. 18).

2 The request has been made in proceedings between Ms Aykul, an Austrian national who holds a driving licence issued by the Republic of Austria, and the Land Baden-Württemberg concerning a decision denying her the right to use her driving licence in Germany.

Legal context

EU law

Directive 2006/126

3 Recital 2 in the preamble to Directive 2006/126 states: ‘The rules on driving licences are essential elements of the common transport policy, contribute to improving road safety, and facilitate the free movement of persons taking up residence in a Member State other than the one issuing the licence. Given the importance of individual means of transport, possession of a driving licence duly recognised by a host Member State promotes free movement and freedom of establishment of persons. ...’

4 According to recital 8 of the directive, on road safety grounds, the minimum requirements for the issue of a driving licence should be laid down.

5 Recital 15 of Directive 2006/126 states: ‘For reasons connected with road safety, Member States should be able to apply their national provisions on the withdrawal, suspension, renewal and cancellation of driving licences to all licence holders having acquired normal residence in their territory.’

6 According to Article 2(1) of Directive 2006/126, ‘[d]riving licences issued by Member States shall be mutually recognised’.

7 Article 7 of that directive provides: ‘1. Driving licences shall be issued only to those applicants: (a) who have passed a test of skills and behaviour and a theoretical test and who meet medical standards, in accordance with the provisions of Annexes II and III; ... (e) who have their normal residence in the territory of the Member State issuing the licence, or can produce evidence that they have been studying there for at least six months. ... 5. ... Without prejudice to Article 2, a Member State issuing a licence shall apply due diligence to ensure that a person fulfils the requirements set out in paragraph 1 of this Article and shall apply its national provisions on the cancellation or withdrawal of the right to drive if it is established that a licence has been issued without the requirements having been met.’

8 Article 11 of Directive 2006/126 is worded as follows: ‘... 2. Subject to observance of the principle of territoriality of criminal and police laws, the Member State of normal residence may apply its national provisions on the restriction, suspension, withdrawal or cancellation of the right to drive to the holder of a driving licence issued by another Member State and, if necessary, exchange the licence for that purpose. ... 4. A Member State shall refuse to issue a driving licence to an applicant whose driving licence is restricted, suspended or withdrawn in another Member State. A Member State shall refuse to recognise the validity of any driving licence issued by another Member State to a person whose driving licence is restricted, suspended or withdrawn in the former State’s territory. A Member State may also refuse to issue a driving licence to an applicant whose licence is cancelled in another Member State. ...’

9 According to the first paragraph of Article 12 of that directive: ‘For the purpose of this Directive, “normal residence” means the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he is living.’

10 Article 16(1) and (2) of the same directive provides: ‘1. Member States shall adopt and publish, not later than 19 January 2011, the laws, regulations and administrative provisions necessary to comply with Article 1(1), Article 3, Article 4(1), (2), (3) and (4)(b) to (k), Article 6(1), (2)(a), (c), (d) and (e), Article 7(1)(b), (c) and (d), (2), (3) and (5), Article 8, Article 10, Article 13, Article 14, Article 15, and Annexes I, point 2, II, point 5.2 concerning categories A1, A2 and A, IV, V and VI. They shall forthwith communicate to the Commission the text of those provisions. 2. They shall apply those provisions as from 19 January 2013.’

11 The first paragraph of Article 17 of Directive 2006/126 provides: ‘[Council] Directive 91/439/EEC [of 29 July 1991 on driving licences (OJ 1991 L 237, p. 1, and corrigendum OJ 1991 L 310, p. 16)] shall be repealed with effect from 19 January 2013, without prejudice to the obligations of the Member States with regard to the deadlines indicated in Annex VII, Part B for transposing that Directive into national law.’

12 Article 18 of Directive 2006/126 reads: ‘This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Article 2(1), Article 5, Article 6(2)(b), Article 7(1)(a), Article 9, Article 11(1), (3), (4), (5) and (6), Article 12, and Annexes I, II and III shall apply from 19 January 2009.’

Directive 91/439

13 According to Article 1(2) of Directive 91/439, ‘[d]riving licences issued by Member States shall be mutually recognised’.

14 Article 8 of that directive provides: ‘... 2. Subject to observance of the principle of territoriality of criminal and police laws, the Member State of normal residence may apply its national provisions on the restriction, suspension, withdrawal or cancellation of the right to drive to the holder of a driving licence issued by another Member State and, if necessary, exchange the licence for that purpose. ... 4. A Member State may refuse to recognise the validity of any driving licence issued by another Member State to a person who is, in the former State’s territory, the subject of one of the measures referred to in paragraph 2. A Member State may likewise refuse to issue a driving licence to an applicant who is the subject of such a measure in another Member State. ...’

German law

15 Paragraph 2 of the Law on road traffic (Straßenverkehrsgesetz; ‘the StVG’), in the version cited by the referring court, provides: ‘(1) Any person driving a motor vehicle on the public highway must have the authorisation of the competent authority (driving licence authority) to do so (authorisation to drive) ... ... (4) Where a person satisfies the necessary physical and mental requirements and has not committed any serious or repeated contraventions of road traffic legislation or criminal law he shall be deemed to be fit to drive motor vehicles. ... ... (11) Pursuant to more detailed provisions laid down by regulation … a foreign driving licence shall also entitle the holder to drive motor vehicles in the national territory. ...’

16 Paragraph 3 of the StVG, in the version cited by the referring court, entitled ‘Withdrawal of driving licences’, is worded as follows: ‘(1) If a person proves to be unfit to drive or incapable of driving motor vehicles, the driving licence authority must withdraw his driving licence. In the case of a foreign driving licence, withdrawal — even if it is made pursuant to other provisions — shall have the effect of a refusal to recognise the right to use that driving licence in the national territory. ... (2) Withdrawal terminates the authorisation to drive. In the case of a foreign driving licence, withdrawal terminates the right to drive motor vehicles in the national territory. ... ...’

17

Paragraph 29 of the StVG, in the version cited by the German Government in its written reply to a question put by the Court, provides, under the heading ‘Deadlines for removal’: ‘(1) Entries made in the register shall be removed upon expiry of the periods prescribed in the second sentence. Those periods shall be: ... 2. five years (a) in the case of decisions on a criminal offence (“Straftat”), subject to point 3(a), ...