Questione giuridica chiave
Whether the appeal could be entered into despite non-payment of the court cost advance after the grace period.
Decisione estratta
No; the advance-payment order and reminder were deemed duly served, and the appeal had to be left unexamined because the appellant did not pay within the grace period.
Motivazione estratta
The Court held that service fiction under Art. 44 Abs. 2 BGG applied because the notices were returned undelivered and the appellant never informed the Court of a new address. As the cost advance was not paid within the extended deadline, Art. 62 Abs. 3 BGG required non-entry.