Reference for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof (Germany) lodged on 14 April 2010 — Mathilde Grasser v Freistaat Bayern

(Case C-184/10)

(2010/C 179/31)

Language of the case: German

Referring court

Bayerischer Verwaltungsgerichtshof

Parties to the main proceedings

Applicant: Mathilde Grasser

Defendant: Freistaat Bayern

Question referred

Are Articles 1(2) and 8(2) and (4) of Directive 91/439/EEC (1) to be interpreted as meaning that a host Member State is entitled to refuse to recognise a driving licence issued by another Member State where entries appearing in the driving licence show that Article 7(1)(b) of that directive has been infringed, if the host Member State has not previously applied to the holder of the licence a measure under Article 8(2) of Directive 91/439/EEC?

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