In courtMan wins battle against ministry to convert Thai driver's license

RTL Today
The lower administrative court has overruled the decision of the Minister for Sustainable Development and Infrastructure concerning the conversion of a driver's license.
© RTL Archivbild

The lower administrative court viewed the plaintiff's course of action as justified and consequently annulled decisions made by François Bausch in September, October, and November 2017.

The man had a Thai driver's license in March 2017 and requested to convert his license into a Luxembourgish one in August 2017. The minister rejected the man's request, leading the man to request an informal appeal to no avail as the minister stood by his decision in October.

In November, the man submitted another informal appeal, which was again overruled. By December 2017, the man took the issue to the administrative court.

The first judge of the court cited an article from the Grand Ducal decree of 1955, which dictates that non-EEA license holders must convert their license within a year of living in Luxembourg. However, licenses can only be converted if the holder has lived or studied in Luxembourg for at least six months.

By requiring a period of residence of longer than six months in order to convert a non-EEA driver's license, the article from the Grand Ducal decree of 1955 contradicts article 10bis, paragraph 1 of the constitution.

In light of the contradiction, the lower administrative court has annulled Bausch's decisions from September, October, and November 2017.

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