Questione giuridica chiave
Whether the appeal deadline should be restored under Art. 133(3) and Art. 140(4) DBG due to illness and alleged inability to instruct counsel in time.
Decisione estratta
Restoration was refused because the former representative failed to take the necessary steps to preserve the deadline; the delay was therefore not excusable.
Motivazione estratta
A deadline restoration is excluded when the missed deadline is attributable to the appointed representative. The former representative received the decision with the appeal deadline indicated, forwarded it without the cover sheet, and failed to warn the new representative or file a protective appeal. Because counsel’s conduct already constituted fault, no further factual inquiries into the director’s illness were necessary.