Key legal question
Whether the appeal against the justice of the peace decision was filed within the CPC deadline.
Extracted holding
No. Even assuming receipt on 2016-10-21, the 10-day deadline expired on 2016-10-31 and the filing reached the Swiss post only on 2016-11-16.
Extracted reasoning
Under Arts. 143(1) and 321(2) CPC, a filing sent from abroad is timely only if it has reached the Swiss post before expiry of the time limit. The filing was manifestly late, so no invitation to cure was required.