Member states may not prosecute a driver who acquired the right to drive in a different member state but who is unable, for administrative reasons outside his or her control, to present a driving licence during a check, said Advocate General MIchal Bobek, in conclusions returned on Tuesday 16 May (case C-195/16 I).
A French citizen who passed his driving test in France was subjected to checks in Germany when driving on the public highway. He was able only to present a temporary certificate issued by the French authorities proving that he was entitled to drive. Criminal proceedings were instituted against him for driving a vehicle without the required authorisation.
The matter having been referred to the Court of Justice by the German court for a preliminary ruling, the Advocate General considers that under the directive (2006/126), states are not required to accept temporary certificates issued by another member state as proof of entitlement to drive. However, he proposes that the Court respond that member states may not take criminal action against individuals driving after successfully passing the driving test in another EU country, but who have not yet officially received their licences.
Advocate General Bobek went on to say that the state in question may issue administrative sanctions for failure to present a driving licence when asked to do so. (Original version in French by Mathieu Bion)