Overtaking on the right

"Generally overtaking must be done on the left side. Overtaking shall, however, be done on the right when the driver of the car in front is turning left or is clearly preparing for such a turn." "Exceptions: On a road where the maximum permitted speed is 70 km/h or lower and the carriageway has at least two lanes for traffic in the same direction as indicated by road markings, the driver may use the lane that is most suitable in regard to reaching their destination."

Driver license handbook

There are also three other exceptions to the prohibition against overtaking on the right:

In the following cases, it is not considered overtaking when a vehicle in one lane passes a vehicle in another lane

if the carriageway has two or several lanes in the same direction and there is heavy queue formation in all lanes,
if the carriageway is divided into lanes for different destinations that are marked with lane assignment signs, or
or if the vehicles were in separate lanes in conjunction with a junction."

Thus the following picture has nothing that indicates you to over take the red car, as its also unclear what the speed limit is. The red car also does not plan on turning into another road Motorways tend to have speed limits higher then 70km/h, but this is not a rule, and no speed limit is shown on this picture