Facts
A. was subjected to a police check on September 22, 2019, during which a drug test was positive for cannabis. As a result, his driver's license was temporarily confiscated. On October 23, 2019, the Motor Vehicle Control of the Canton of Solothurn revoked A.'s driver's license as a precautionary measure and ordered a traffic medicine examination. However, the Administrative Court of the Canton of Solothurn overturned this decision on December 20, 2019 and ordered the return of the driver's license.
The Department of Construction and Justice of the Canton of Solothurn then filed an appeal with the Federal Supreme Court to enforce the order for the traffic medicine examination and the temporary revocation of the driver's license.
Considerations
The Federal Supreme Court did not enter into the appeal. It found that the contested decision was a final decision, as the lower instance had definitively revoked the precautionary measures and ordered the immediate return of the driver's license.
According to the case law of the Federal Supreme Court, in the case of precautionary measures such as the revocation of a driver's license, only the violation of…