Question juridique clé
Whether the speed excess on Europabrücke constituted gross violation of traffic rules under Art. 90 Ziff. 2 SVG.
Solution extraite
Yes. Even on this urban stretch, the driver’s 87 km/h after tolerance deduction was objectively and subjectively a gross violation.
Motifs extraits
The Court held that a 25 km/h excess inner-city meets Art. 90 Ziff. 2 SVG regardless of concrete circumstances. The posted 60 km/h limit did not remove the stretch’s inner-city character, and the road layout still required heightened attention. The lower court’s reliance on an atypical-road exception was rejected.