Kernrechtsfrage
Whether the deadline for filing and substantiating the federal nullity complaint should be restored under Article 35(1) OG after an accident and hospital stay.
Extrahierter Entscheid
The request failed because, although the accident constituted an excusable impediment until discharge, the applicant did not file the required pleading within ten days after the impediment ceased.
Extrahierte Begründung
Restoration is available only in cases of clear absence of fault. The hospital stay excused the delay up to 16 December 2003, but the applicant was able to submit a clear filing on 17 December 2003, showing that the impediment had ended. The missing step had to be completed by 26 December 2003, which did not happen.