Europa 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.
Citations:
C-16/78
European, Crime
Updated: 10 April 2022; Ref: scu.132662
