Criminal proceedings against Sofia Skanavi and Konstantin Chryssanthakopoulos (C-193/94)

Judgment of 29 Feb 1996

law://eu/cjeu/1994/c-193-94/para_36@2026-11-13

36In the absence of Community rules governing the matter, the Member States remain competent to impose penalties for breach of such an obligation. However, it follows from settled case-law concerning noncompliance with formalities for establishing the right of residence of an individual enjoying the protection of Community law that Member States may not impose a penalty so disproportionate to the gravity of the infringement that this becomes an obstacle to the free movement of persons; this would be especially so if the penalty consisted of imprisonment (see, in particular, Case C-265/88 Messner [1989] ECR 4209, paragraph 14). In view of the effect which the right to drive a motor vehicle has on the actual exercise of the rights relating to the free movement of persons, the same considerations must apply with regard to breach of the obligation to exchange driving licences.

Criminal proceedings against Sofia Skanavi and Konstantin Chryssanthakopoulos (C-193/94)

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