Questão jurídica principal
Whether the Swiss license withdrawal violated ne bis in idem because France had already sanctioned the same speeding incident.
Decisão extraída
No. The French administrative and criminal measures did not preclude a Swiss administrative license withdrawal; the foreign measure had to be taken into account, but this did not amount to a double sanction.
Fundamentação extraída
Ne bis in idem applies within the same state and requires identity of subject, facts, and procedure. The French sanction was only partial and lacked the same scope, means, and information as the Swiss authority. Under Art. 16cbis LCR, the foreign driving ban must be considered in fixing the Swiss withdrawal.