Ask a lawyer on the topic of Traffic law

Speeding in Switzerland

September 7, 2010 | 50,00 EUR | answered by Bernhard Müller

I was caught speeding on the highway near San Vittore on 05.06.10.
Measured speed (118km/h) after deducting the tolerance 112km/h,
allowed maximum speed 80km/h, so 32km/h too fast.
After 2 weeks, I received a questionnaire to determine my personal details, which I answered.
The Swiss authorities have now sent me a "fine" by registered mail totaling 1050 CHF and a one-month driving ban in Switzerland.
I do not intend to pay the fine.
My question is:
Since there is no enforcement agreement between Switzerland and Germany yet, can the Swiss authorities take action against me and what steps can I expect from the Swiss side if I do not respond further. I do not plan to enter Switzerland in the next 3 years.
And if such an enforcement agreement were to be concluded, could the Swiss authorities hold me accountable retroactively?

Thank you in advance for your response
Kind regards

Bernhard Müller

Dear questioner,

No one can tell you the content of a future enforcement agreement yet. An enforcement agreement where you can be held retroactively accountable is possible. It would not violate the German Basic Law. Speeding has already been prohibited in Germany when you were speeding in Switzerland.
In Germany, we have Section 722 ZPO on the enforcement of foreign judgments. According to this, Switzerland can request an enforcement judgment at the local court of your place of residence. Once the enforcement judgment of the German court is available, Switzerland can also instruct a bailiff in Germany to enforce their monetary claim.

Yours sincerely,

Bernhard Müller Attorney