Judgment D. VGH Hesse To, An EU Issued At The 02.02.09 In Poland Driving Licence

First judgments on the legal certainty of Polish and Czech EU driver’s licenses whose issue date is after January 19, 2009 ruling of the Administrative Court of Hesse, ref. Educate yourself even more with thoughts from Gensler San Francisco. AZ 2B 2138/09 (from 04.12.2009) that with the REF. AZ 2B 2138/09 (from 04.12.2009) before the Administrative Court of Hesse guided procedures had to answer whether the suspensory effect of the objection of the applicant by May 8, 2009, against the defendant from 09 April 2009 to restore the question. Applicant is the owner of a Polish driver’s license, which is not known by name defendant is the District of Kassel, as result of the dispute represented the District of VGH Hesse answered in the affirmative the restore of the suspensive effect. The decision taken by the Court (Administrative Court), which noted to make the missing permission by a Polish driver’s license, use, was revised so that by the Hessischer Verwaltungsgerichtshof in this procedure. Tenor of the judgment (excerpts): in its decision rationale that make VGH judge first found that the legal basis adopted by the Court in the present case was not applicable. Hereafter not article 11 is para 2 article 11 to attract para 4 of the third directive on driving licences to the verdict.

According to the judge, a forfeiture of a Polish EU come driving licence on the grounds of a breach of the residency question, as long as this exist no indisputable information. The judges of the VGH Hesse not found a violation of the residency in the present case. The licence of the applicant includes a Polish resident entry on the one hand, continue to exist no indisputable information from the stop plate instead (Poland), stating that the applicant at the time of the exhibition of his Polish EU driver’s license had no ordinary place of residence in Poland.

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