Questão jurídica principal
Whether the federal appeal was filed within the statutory 30-day time limit when sent through a foreign post office
Decisão extraída
No. A filing handed to a foreign post office does not preserve the deadline unless it reaches the Federal Tribunal or Swiss Post by the last day; here it arrived in Switzerland on 23 February 2012, after expiry.
Fundamentação extraída
Under Art. 100(1) and Art. 48(1) LTF, only delivery to the Federal Tribunal, Swiss Post, or a Swiss diplomatic/consular representation counts. Foreign post offices are not equivalent to Swiss post offices, so the appellant had to ensure timely arrival by posting earlier.