Donnerstag, 20.04.2023
Mutual recognition of driving licences in the EU
from
Dr. jur. Ingo E. FrommLawyer
Specialist in criminal law
Specialist in traffic law
Give me a call: 0261 - 404 99 25
E-Mail:
The driving licenses issued by EU member states must be mutually recognized, as per the Third EU Driving License Directive. This means that a Spanish driving license, for example, must be recognized just as a German one would be. If a German moves to Spain, they are not required to exchange their driver's license.
Is there a requirement to have resided in the state that issued the license for at least 185 days?
According to the Kapper judgment of the EuropeanEuropean Court of Justice (NJW 2004, 1725), a member state may not refuse to recognize a driving license issued by another member state on the grounds that, according to the information available to it, the holder of the driving license had his normal residence in the territory of that member state at the time the driving license was issued and not in the territory of the issuing member state. According to the EU Member States' treaty obligations, the issuing state is responsible for verifying whether the applicant fulfills the specified residency requirements (principle of domicile). It is therefore solely for the issuing State to take appropriate measures in relation to those driving licenses in respect of which it is established ex post that their holder did not fulfill that requirement. According to the case law of the ECJ, the issuing Member State alone is responsible for checking whether the minimum requirements (in particular the residence requirement and fitness to drive) for issuing a driving licence and granting a driving licence(Kerkmann Haus/Krumm/Quarch, Gesamtes Verkehrsrecht, 3rd ed. 2021 § 21 StVG Rn 63). Driving licences must be mutually recognized by the member states "without any formalities" (= strict recognition principle). The only exceptions to this rule are as follows: there must be no ban on the reissue of a driving license in another state at the time of issue of the driving license (e.g. after committing a serious traffic offense) and the false place of residence must not be apparent from the driving license itself.
Criminal proceedings on the initial suspicion of driving without a license
Occasionally, EU citizens are accused of driving in Germany without the required driver's license, especially since there is a "residence violation". Even if an EU citizen obtains his driving license in his home country, e.g. in the Czech Republic, while on holiday and during the time in question was registered in Germany, his driving license must be recognized in Germany. Although he had not been resident in the Czech Republic for at least six months, in view of the above, he is nevertheless entitled to drive motor vehicles in Germany with a Czech driving license.
If you have any questions regarding the validity of the driving license, you should also seek the help of a Lawyer specializing in traffic law, as you would if you were to initiate criminal proceedings.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.