Facts
The Touring Club Switzerland (TCS) filed a complaint against the establishment of a 30 km/h zone on cantonal road No. 6 and No. 228 in Münsingen. The roads are designated as through roads and run through the center of Münsingen. The TCS argued that 30 km/h zones on through roads are not permitted and that the establishment of the zone would lead to a shift of congestion to the village entrances.
The lower court dismissed the complaint and held that the 30 km/h zone was necessary and proportionate to improve traffic flow. The Federal Court had to examine whether the establishment of the 30 km/h zone on the through roads was admissible and whether the lower court had violated the TCS's right to be heard.
Considerations
The Federal Court first examined whether the TCS was entitled to file a complaint. It concluded that the TCS, as an association under Art. 60 ff. CC, had the necessary standing to file a complaint, since a considerable number of TCS members regularly use the road in question and would be entitled to file a complaint.
The Federal Court then examined whether 30 km/h zones on through roads are admissible. It concluded that 30 km/h zones are generally admissible on main roads under the conditions of Art. 108 para. 2 RSO. The establishment of a 30 km/h zone on a through road is therefore not excluded from the outset.
Finally, the Federal Court examined…