Withdrawal of diplomatic plates after end of diplomatic functions

ATA/794/1997Court of Justice / Administrative ChamberDec 23, 1997Dismissed

Extracted by Omnilex

Omnilex summary

The appellant challenged the withdrawal of diplomatic plates. The court held that, because he had ceased to perform functions for the Permanent Mission of Lithuania, the SAN was required to withdraw the diplomatic plates. The appeal was therefore dismissed.

Omnilex headnote

OAC 71; diplomatic license plates are tied to the holder’s diplomatic functions. Where the person concerned ceases to serve the foreign mission, the administrative authority must withdraw the diplomatic plates, as the factual and legal basis for the privilege no longer exists.

Full text

Descripteurs

PLAQUE DE CONTROLE; PERSONNEL DIPLOMATIQUE; CIRCULATION ROUTIERE; LCR

Normes

OAC.71

Résumé

Dès lors que le recourant a cessé ses fonctions auprès de la Mission permanente de Lituanie, le SAN devait lui retirer les plaques diplomatiques.

Keywords

diplomatic platesdiplomatic statusvehicle registrationforeign missionadministrative withdrawal

Extracted by Omnilex

Key legal question

Whether diplomatic plates had to be withdrawn after the appellant ceased diplomatic functions

Extracted holding

Yes. Once the appellant no longer performed functions for the Permanent Mission of Lithuania, the SAN had to withdraw the diplomatic plates.

Extracted reasoning

The entitlement to diplomatic plates depended on the holder's diplomatic status or functions; after those functions ended, the basis for keeping the plates no longer existed.

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