Reference for a preliminary ruling from the Landgericht Siegen (Germany), lodged on 3 January 2007 — Criminal proceedings against Frank Weber

(Case C-1/07)

(2007/C 42/36)

Language of the case: German

Referring court

Landgericht Siegen

Party to the main proceedings

Frank Weber

Question referred

Is Article 1(2) in conjunction with Article 8(2) and (4) of Directive 91/439/EEC (1) to be interpreted as meaning that a Member State is precluded, within its territory, from refusing to recognise or from denying the validity of an entitlement to drive under a driving licence issued by another Member State because the right to drive was withdrawn from its holder in the first Member State after the grant to him in another Member State of a so-called ‘second’ EU right to drive, if the withdrawal of the right to drive is based on an incident or on misconduct which occurred prior to the grant of the right to drive by the other Member State?

(1)  Council Directive 91/439/EC of 29 July 1991 on driving licenses, OJ L 237, p. 1.

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