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 ある加盟国で適法に発行された運転免許は、他の加盟国でも自動的に承認され、EU内における人の移動の自由をよりよく保障するため、ECは 指令 (Council Directive 91/439/EEC of 29 July 1991 on driving licences, OJ 1991, L 273, 1, as amended by Council Directive 97/26/EC of 2 June 1997 (OJ 1997 L 150, p. 41) を制定しているが、その第1条は以下のように定める。

Article 1 of Directive 91/439 

1. Member States shall introduce a national driving licence based on the Community model described in Annex I or Ia, in accordance with the provisions of this Directive. …

2. Driving licences issued by Member States shall be mutually recognised.

3. Where the holder of a valid national driving licence takes up normal residence in a Member State other than that which issued the licence, the host Member State may apply to the holder of the licence its national rules on the period of validity of the licence, medical checks and tax arrangements and may enter on the licence any information indispensable for administration.



 リストマーク Joined Cases C-334/06 to 336/06, Zerche and Others

The Court has consistently held that Article 1(2) of Directive 91/439 provides for mutual recognition, without any formality, of driving licences issued by Member States. That provision imposes on Member States a clear and precise obligation, which leaves no room for discretion as to the measures to be adopted in order to comply with it (judgments in Case C‑230/97 Awoyemi [1998] ECR I‑6781, paragraphs 41 and 43; Case C‑246/00 Commission v Netherlands [2003] ECR I‑7485, paragraphs 60 and 61; and Kapper, paragraph 45; orders of 6 April 2006 in Case C‑227/05 Halbritter [2006] ECR I‑0049, and of 28 September 2006 in Case C‑340/05 Kremer [2006] ECR I‑0098).



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