Judgment of the Court (Ninth Chamber) of 22March 2017— Commission v Portugal
(Case C‑665/15)(1)
(Failure of a Member State to fulfil obligations— Transport— Driving licences— EU driving licence network— Use of and connection to the EU network)
1.Actions for failure to fulfil obligations— Examination of the merits by the Court— Situation to be taken into consideration— Situation on expiry of the period laid down in the reasoned opinion
(Art.258 TFEU)
(see para. 13)
2.Member States— Obligations— Failure to fulfil obligations— National system pleaded as justification— Not permissible
(Art.258 TFEU)
(see para. 15)
3.Transport— Road transport— Driving licences— Directive 2006/126— EU driving licence network — Connection to that network— Failure to put a connection in place between that network and the national system for issuing driving licences — Failure to fulfil obligations
(Directive 2006/126, Arts 7(5)(d) and 16)
(see paras16, 17, operative part)
Operative part
The Court:
1. |
| Rules that, by not having put in place the connection to the EU driving licence network, the Portuguese Republic has failed to fulfil its obligations under Article7(5)(d) of Directive 2006/126/EC of the European Parliament and of the Council of 20December 2006 on driving licences; |
2. |
| Orders the Portuguese Republic to pay the costs. |
1 OJ C59, 15.2.2016.