Questione giuridica chiave
Whether the State Prosecutor's request to restore the appeal period against the July 10, 2002 decision was timely.
Decisione estratta
The appeal period restoration request was not timely once the erroneous remedy notice became recognizable at the latest upon service of the March 18, 2004 Obergericht decision.
Motivazione estratta
Under § 199 Abs. 3 GVG, the hindrance ends when the error in the remedy notice could be recognized with due diligence; the Obergericht could not ignore the March 18, 2004 decision, which clearly showed that a recourse had been available against the July 10, 2002 ruling.