The ECJ issued a fun judgment today on the mutual recognition of driving licenses in the EU.
The case involves one Mr. Akyüz, a German national who was denied a German driving license because his “strong aggressive tendencies” caused him to fail a required medico-psychological exam (para. 18). Being a savvy gentleman (and perhaps familiar with EU law?), Mr. Akyüz went to the Czech Republic and acquired a Czech licence instead. When he returned to Germany and drove using his new Czech qualification, he was convicted by the German courts for two counts of driving without a license. Mr. Akyüz appealed his convictions, and the German court sent a preliminary reference to the ECJ to ask whether Directives 91/439 and 2006/126 “must be interpreted as precluding legislation of a host Member State which allows that State to refuse to recognise, within its territory, a driving licence issued in another Member State in the case where the holder of that licence … was refused a first driving licence in that State on the ground that he did not satisfy, under that State’s legislation, the physical and mental requirements for the safe driving of a motor vehicle” (para. 35).
The ECJ answered in the affirmative:
41. It is for the issuing Member State to investigate whether the minimum conditions imposed by European Union law, particularly those relating to residence and fitness to drive … have been satisfied and, therefore, whether the issuing of a driving licence is justified … .
42. Once the authorities of one Member State have issued a driving licence … the other Member States are not entitled to investigate whether the conditions for issue laid down by that directive have been met. The possession of a driving licence issued by one Member State has to be regarded as constituting proof that on the day on which that licence was issued, its holder satisfied those conditions … .