Action brought on 1 June 2016 — European Commission v Czech Republic
(Case C-314/16)
Language of the case: Czech
Parties
Applicant: European Commission (represented by: Z. Malůšková and J. Hottiaux
Defendant: Czech Republic
Form of order sought
The applicant claims that the Court should:
1. declare that:
(a) by failing to ensure that the definition of groups C1 and C relates only to vehicles other than vehicles in groups D 1 and D, the Czech Republic has failed to fulfil its obligations under Article 4(1) and 4(4)(d) and (f) of Directive 2006/126/EC;
(b) by restricting the definition of group D1 to vehicles designed and constructed for more than eight passengers, the Czech Republic has failed to fulfil its obligations under Article 4(1) and 4(4)(h) of Directive 2006/126/EC; 1
order Czech Republic to pay the costs.
Pleas in law and main arguments
Article 4(1) of Directive 2006/126/EC provides that driving licences are to authorise the driving of power-driven vehicles in the categories defined in that article. Under Article 4(4)(d) and (f) of the Directive, the groups C1 and C are further defined. The condition that the group must include vehicles ‘other than those in categories D1 or D’ is expressly provided for in respect of both groups. The Czech legislation defining vehicle groups however does not include the condition that groups C1 and C must be restricted to ‘motor vehicles other than those in categories D1 or D’.
Article 4(4)(h) of Directive 2006/126/EC defines group D1 as a group including vehicles ‘designed and constructed for the carriage of no more than 16 passengers in addition to the driver’, without providing for a minimum number of passengers. The Czech legislation however includes the additional requirement that vehicles intended for the carriage of more than 8 passengers are to be classified in group D1.
____________1 OJ L 403, p. 18.