Facts
The case concerns a driver who committed a traffic offense in Germany, where he exceeded the authorized speed of 120 km/h by driving at 153 km/h. The German authorities fined him 150 DM and recorded three points against him in the traffic offense register. The driver then received a withdrawal of his Swiss driving license for a period of one month from the authorities of the canton of St-Gall. The driver appealed against this decision, which was rejected by the administrative appeals commission of the canton of St-Gall.
The driver then appealed to the Federal Court, which rejected his appeal. The Federal Court considered that the Swiss authorities could take measures against the driver, even if the German authorities had not prohibited the use of the Swiss driving license.
Considerations
The Federal Court considered that the Swiss authorities could take measures against the driver, even if the German authorities had not prohibited the use of the Swiss driving license. The Federal Court recalled that, according to case law, an offense committed abroad can result in the withdrawal of the driving license in Switzerland.
The Federal Court also considered that the principle of ne bis in idem does not apply in this case, as the Swiss and German authorities have different competences. The Federal Court also recalled that the measures taken by the Swiss authorities must be proportionate to the severity of the offense.
The Federal Court finally considered that the Swiss authorities could take measures against the driver,…