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although now not all cycling paths are mandatory in Germany (I speak from berlin experience). only the signed ones, meaning not the incredibly shit ones which are effectively the pavement.
doesnt refrain bmw (80%) drivers of the time to shout at you while pointing at the cycling path. having been in several situations where I could explain the damn drivers I am not obliged to ride on the cycling path and why (its frankly dangerous to use them) they generally tone down.
Is the cyclist allowed to ride there? I don't know English law, but in the Netherlands you have to use the cycle path if there is one, so for me it's a no-brainer.