Question juridique clé
Whether the appeal was filed within the statutory time limit under the BGG
Solution extraite
The appeal was filed out of time because the decision was deemed served on 2012-12-05 and the appeal deadline ended on 2013-01-21.
Motifs extraits
The court applied the service fiction under Art. 44 BGG, counted the 30-day appeal period from 2012-12-06, and considered the judicial vacation suspension; the deadline therefore expired on Monday 2013-01-21. The appeal of 2013-01-22 was late.