Official Journal of the European Union

C 183/17

to the Polish registration bodies. Fourth, the Commission rejects the Polish authorities' argument concerning the Vienna Convention. In the Commission's view, a lack of appropriate rules at international level has no effect on the Republic of Poland's obligations in relation to the Community.

Reference for a preliminary ruling from the Amtsgericht Landau/Isar (Germany) lodged on 7 May 2007 — Criminal proceedings against Rainer Günther Möginger (Case C-225/07) (2007/C 183/28) Language of the case: German

Reference for a preliminary ruling from the Sozialgericht Stuttgart (Germany) lodged on 2 May 2007 — Krystyna Zablocka-Weyhermüller v Land Baden-Württemberg Referring court Amtsgericht Landau/Isar (2007/C 183/27)

(Case C-221/07)

Language of the case: German

Party to the main proceedings Rainer Günther Möginger

Referring court Questions referred Sozialgericht Stuttgart 1. Are Articles 1(2), 7(1)(b), 8(2) and (4) and 9 of Council Directive 91/439/EEC of 29 July 1999 on driving licences (1) as amended by Council Directive 97/26/EC of 2 June 1997 (hereinafter: the directive) to be interpreted as meaning Parties to the main proceedings that they preclude a Member State from refusing to recognise a driving licence issued by another Member State even where its holder has, in the first Member State, been subject to a measure withdrawing or cancelling the right to drive issued by that Member State and where a temporary ban on obtaining a new right to drive, with which that measure is coupled, had not yet expired before the date on which the driving licence was issued by the other Member State? 2. If so: Question referred Is that directive to be interpreted as meaning that the principle of mutual recognition may be ignored by the courts and authorities of the first Member State where, on grounds of abuse of a right, the holder of the right to drive is barred in a specific case from relying on the right to drive acquired in another EU Member State, in particular where an overall appraisal of the objective circumstances shows that, despite formal observance of the conditions laid down by the Community rules, the purpose of the rules in the directive has not been achieved and where there is a subjective element consisting in the intention to obtain an advantage from the Community rules, in the form of recognition of the right to drive acquired in another EU Member State, by arbitrarily creating the conditions laid down for acquiring it,

Applicant: Krystyna Zablocka-Weyhermüller

Defendant: Land Baden-Württemberg

Are the benefit restrictions laid down in German social compensation law under Paragraph 64e of the Bundesversorgungsgesetz (Federal Law on war pensions — BVG) for those entitled to pensions who have their residence or habitual abode in Poland as a new EU accession state consistent with higher-ranking Community law, in particular from the point of view of freedom of movement?

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