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CJEU - C 356/12 / Opinion


Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General Bot
Decision date:
Key facts of the case:
(Request for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof (Germany))
(Directive 2006/126/EC — Minimum standards concerning physical and mental fitness to drive a motor vehicle — Requirement that applicants for category C1 and category C1E driving licences have a visual acuity of at least 0.1 in their worse eye — Absence of any exceptions, even for persons who see properly when using both eyes and have a normal field of vision — Articles 20, 21 and 26 of the Charter of Fundamental Rights of the European Union — Principle of equal treatment — Principle of non-discrimination on the grounds of disability — Validity of point 6.4 of Annex III to Directive 2006/126/EC)
Results (sanctions) and key consequences of the case:
66. In the light of all of the foregoing, I suggest that the Court answer the question referred by the Bayerischer Verwaltungsgerichtshof as follows:
Point 6.4 of Annex III to Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences, as amended by Commission Directive 2009/113/EC of 25 August 2009, is compatible with Articles 20, 21(1) and 26 of the Charter of Fundamental Rights of the European Union.