Facts
The Road Traffic Office of the Canton of Lucerne had revoked and confiscated the Italian driver's license of the opposing party C. for an indefinite period. The Cantonal Government of Lucerne partially upheld the appeal, ordering that C.'s Italian driver's license be returned to him with the note that the document is invalid for Switzerland. The Federal Office of Police then filed an administrative court appeal.
Considerations
The Federal Supreme Court dismissed the appeal. It held that the confiscation of the revoked foreign driver's license does not constitute an enforcement action within the meaning of Art. 101 lit. c OG and therefore the administrative court appeal was admissible.
Furthermore, the Federal Supreme Court found that Art. 45 para. 4 VZV, which generally prescribes that the revoked foreign driver's license is not to be handed over to the entitled person when leaving Switzerland if he has his domicile here, violates the principle of territoriality under international law due to…