Key legal question
Whether the appeal was filed within the statutory 30-day time limit.
Extracted holding
The appeal was late because it was filed on 2009-09-17, although the deadline expired on 2009-08-25 after accounting for the statutory suspension period.
Extracted reasoning
The challenged decision was delivered to the appellant's counsel on 2009-06-24. Under Art. 100(1) BGG and the suspension under Art. 46(1)(b) BGG, the latest filing date was 2009-08-25. Because the appeal was only filed on 2009-09-17, the court could not enter into it under Art. 108 BGG.