Key legal question
Whether the foreign driving licence was obtained by evading Swiss or foreign domicile competence rules.
Extracted holding
No evasion was established because the claimant had started his driving training in Spain before arriving in Switzerland and had a genuine residence there when the licence was obtained.
Extracted reasoning
The court applied the rule that evasion exists only when a person obtains abroad a licence that should have been obtained in Switzerland with the intent to use it in Switzerland. Starting the training in the state of origin before arrival in Switzerland pointed against such intent.