Question juridique clé
Whether a party may still be deemed timely if it appears 15 minutes after the set hearing time.
Solution extraite
No. The judge sets the appearance time under § 77(1)(d) ZPO, and that time is to be taken literally; a party arriving after the set time is generally late.
Motifs extraits
The court held that any waiting by the court and the appearing party is only a matter of discretion and usually serves their own interest in view of a possible renewed appearance or rehearing. The court therefore has the right, but not the duty, to postpone the start somewhat. This approach is consistent with the reopening/reinstatement scheme under §§ 90f. ZPO.