Sofiyska gradska prokuratura v HV.

• Jurisdiction: European Union
• Celex Number: 62021CJ0266
• ECLI: ECLI:EU:C:2022:754
• Date: 06 October 2022
• Docket Number: C-266/21
• Court: Court of Justice (European Union)

Provisional text

JUDGMENT OF THE COURT (Third Chamber)

6 October 2022 (*)

(Reference for a preliminary ruling – Common transport policy – Directive 2006/126/EC – Article 11(2) and (4) – Suspension of the right to drive a motor vehicle – Driving licence issued by the Member State of normal residence in exchange for a driving licence issued by another Member State – Refusal by the first Member State to enforce a decision suspending the right to drive adopted by the second Member State – Obligation for the second Member State not to recognise, in its territory, the validity of the driving licence that has been suspended)

In Case C‑266/21,

REQUEST for a preliminary ruling under Article 267 TFEU from the Sofiyski gradski sad (Sofia City Court, Bulgaria), made by decision of 26 April 2021, received at the Court on the same day, in the criminal procedure against

HV,

intervening parties:

Sofiyska gradska prokuratura,

THE COURT (Third Chamber),

composed of K. Jürimäe, President of Chamber, N. Jääskinen, M. Safjan, N. Piçarra (Rapporteur) and M. Gavalec, Judges,

Advocate General: J. Richard de la Tour,

Registrar: A. Calot Escobar,

having regard to the written procedure,

after considering the observations submitted on behalf of:

– the German Government, by J. Möller, A. Hoesch and D. Klebs, acting as Agents,

– the Spanish Government, by M.J. Ruiz Sánchez, acting as Agent,

– the Hungarian Government, par M.Z. Fehér and R. Kissné Berta, acting as Agents,

– the European Commission, by S. Grünheid, P. Messina and I. Zaloguin, acting as Agents,

having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,

gives the following

Judgment

1 This request for a preliminary ruling concerns the interpretation of Article 2(4) and Article 4(1)(d) of Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions (OJ 2008 L 337, p. 102) and of Article 11(2) and (4) 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 concerning the enforcement, in Spain, of a decision suspending the right to drive taken in Bulgaria in respect of a person residing in Spain and holding a driving licence issued by the latter Member State in exchange for a driving licence issued by the former Member State.

Legal context

European Union law

Framework Decision 2008/947

3 Article 1(2) of Framework Decision 2008/947, that article being entitled ‘Objectives and scope’, provides:

‘This Framework Decision shall apply only to:

(a) the recognition of judgments and, where applicable, probation decisions;

(b) the transfer of responsibility for the supervision of probation measures and alternative sanctions;

…

as described and provided for in this Framework Decision.’

4 Article 2 of that framework decision, entitled ‘Definitions’, is worded as follows:

‘For the purposes of this Framework Decision:

…

4. “alternative sanction” shall mean a sanction, other than a custodial sentence, a measure involving deprivation of liberty or a financial penalty, imposing an obligation or instruction;

…’

5 According to Article 4(1) of the said framework decision, concerning the ‘types of probation measures and alternative sanctions’:

‘This Framework Decision shall apply to the following probation measures or alternative sanctions:

…

(d) instructions relating to behaviour, residence, education and training, leisure activities, or containing limitations on or modalities of carrying out a professional activity;

…’

6 Article 6(1) of the same framework decision, that article being entitled ‘Procedure for forwarding a judgment and, where applicable, a probation decision’, provides:

‘When, in application of Article 5(1) or (2), the competent authority of the issuing State forwards a judgment and, where applicable, a probation decision to another Member State, it shall ensure that it is accompanied by a certificate, the standard form for which is set out in Annex I.’

Directive 2006/126

7 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.’

8 According to Article 2(1) of that directive, ‘driving licences issued by Member States shall be mutually recognised’.

9 Article 11(1), (2) and (4) of the said directive, that article being entitled ‘Various provisions concerning the exchange, the withdrawal, the replacement and the recognition of driving licences’, provides:

‘1. Where the holder of a valid national driving licence issued by a Member State has taken up normal residence in another Member State, he may request that his driving licence be exchanged for an equivalent licence. …

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.’

10 According to the first paragraph of Article 12 of the same directive, that article being entitled ‘Normal residence’:

‘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.’

11 Under the first sentence of Article 15 of Directive...