Question juridique clé
Whether the Federal Supreme Court may enter the appeal despite non-payment of the advance on costs.
Solution extraite
No. Because the advance on costs was neither paid nor duly proven as paid in time, the appeal could not be examined.
Motifs extraits
After the grace period set by the order of 17 September 2009 expired without payment or proof of timely payment, the conditions for proceeding were not met; under the Federal Supreme Court Act the court had to refuse entry.