Kernrechtsfrage
Whether the Solothurn High Court violated the prohibition of excessive formalism by refusing to treat the appellant's 12 April 2003 letter as a timely cassation complaint.
Extrahierter Entscheid
Yes. Given the wording of the notice of appeal and the lack of a reasoned first-instance judgment, the appellant's letter had to be accepted as a remedy declaration; the court should then have allowed him a short supplementary period after receiving the motivated judgment.
Extrahierte Begründung
For a layperson, the notice did not clearly show that the deadline started with service of the dispositive. The letter clearly expressed disagreement with the judgment. Under good faith and the ban on excessive formalism, the filing could not be rejected merely because it was labeled as a complaint about abuse of office.