Source: All England Reporter
Publisher Citation: [2005] All ER (D) 85 (Sep)
Court: Court of Justice of the European Communities (Second Chamber)
Judge:

Judges Timmermans (President of the Chamber), Gulmann, Schintgen (Rapporteur), Arestis and Klucka
Judgment Dates: 15 September 2005

Catchwords

European community - Directives - Transposition into national law - Driving licences - Whether driving licences directive incorrectly transposed into national law - Council Directive (EEC) 91/439.

The Case

The question whether there had been a failure to fulfil obligations had to be examined on the basis of the position in which the member state found itself at the end of the period laid down in the reasoned opinion of the European Commission and the Court could not take account of subsequent changes. In the circumstances, the Court made a declaration that Germany had failed to fulfil its obligations under Council Directive (EEC) 91-439 (on driving licences).

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