Questão jurídica principal
Whether the withdrawal of the collective plates and collective circulation permits was lawful after the manager’s criminal conviction.
Decisão extraída
Yes. The conviction for systematic forgery showed that the conditions for an irreproachable use were no longer met, and the authorities did not abuse their discretion in withdrawing the permits and plates.
Fundamentação extraída
Under Art. 23a para. 1 OAV, collective permits must be withdrawn once the conditions for issuance are no longer fulfilled. The requirement of Art. 23 para. 1(b) OAV concerns general reliability and good reputation, not only the specific use of the plates. The manager’s role as the real head of the business and the seriousness of the repeated offences justified assessing the conditions by reference to him and imputing the conduct to the company.