Facts
The case concerns a driver, G., who exceeded the speed limit of 80 km/h of a sign on the N2 highway in the municipality of Emmen in the direction of Basel on April 10, 1995. The speed limit in question was established by the Council of State of the canton of Lucerne on May 26, 1992, and approved by the Federal Department of Justice and Police on June 25, 1992. The driver was fined 280 Swiss francs by the district court of Hochdorf for exceeding the speed limit.
The driver filed a nullity appeal with the Federal Court, arguing that the removal of the speed limit by the Federal Council on June 19, 1995, meant that his speeding offense could no longer be sanctioned. The Federal Court rejected the appeal.
Considerations
The Federal Court examined whether the removal of the speed limit had the consequence that the speeding offense committed before this removal could no longer be sanctioned. It considered that the principle of lex mitior (art. 2 al. 2 SCC) was not applicable in this case, as the removal of the speed limit had not changed the rule of law according to which drivers must respect traffic signals.
The Federal Court also examined whether the decision of the…