Language of document :

Action brought on 4 April 2017 — European Commission v Portuguese Republic

(Case C-170/17)

Language of the case: Portuguese

Parties

Applicant: European Commission (represented by N. Yerrell and P. Costa de Oliveira, acting as Agents)

Defendant: Portuguese Republic

Form of order sought

1.    Declare that, by issuing special national driving licences for driving vehicles of the AM harmonized category, the Portuguese Republic failed to fulfil its obligations under Article 4(1) and (2) and Article 7(2)(a) of Directive 2006/126 / EC of the European Parliament and of the Council of 20 December 2006 on driving licences. 1

2.    Declare that, by failing to ensure that a person holds one driving licence only, the Portuguese Republic failed to fulfil its obligations under Article 7(5)(b) of Directive 2006/126 / EC of the European Parliament and of the Council of 20 December 2006 on driving licences.

3.    Order Portuguese Republic to pay the costs.

Pleas in law and main arguments

As regards the obligations of the Portuguese Republic under Article 4(1) and (2) and Article 7(2)(a) and under Article 7(5)(b) of the Directive, the Commission considers that the Portuguese Republic has not taken the necessary measures before expiry of the period laid down in the reasoned opinion. Moreover, the Portuguese administration, by stating in its letter of 15 December 2016 that it will carry out future legislative amendments in this respect, itself acknowledges that it has not taken such measures.

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1 OJ 2006, L 403, p. 18.