44The Commission takes the view that the German legislation complies with both these requirements, although the point is a fine one. The restriction on the principle of mutual recognition which those rules impose appears justified. Moreover, the host Member State cannot be obliged to overlook matters which have occurred within its own territory and which relate directly to the question where the person concerned resided at the time when he obtained his driving licence. The Commission refers in that regard to Case 130/88 Van de Bijl [1989] ECR 3039, paragraphs 24 to 26.
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