Kernrechtsfrage
Whether the appeal against the opposition decision was filed within the statutory time limit
Extrahierter Entscheid
No. The decision was duly notified, the appeal period began after the year-end recess, and the appeal posted on 9 February 2017 was late.
Extrahierte Begründung
The court held that notification by ordinary mail to the address provided by the claimant was regular and that the decision was presumed to have reached the addressee. The 30-day appeal period started on 3 January 2017 and expired on 2 February 2017. No restitution of time was possible because no express and substantiated request was made.