Questão jurídica principal
Whether the filing of 9 November 2011 had to be treated as a civil appeal to the Federal Supreme Court rather than a request to restore the appeal deadline
Decisão extraída
The cantonal court could interpret the filing in good faith as a restoration request; the lack of a warning about restoration did not transform it into a federal appeal.
Fundamentação extraída
An incorrect or missing appeal instruction does not create or abolish legal remedies. Under the circumstances, the filing was not recognizable as a federal appeal, so the cantonal court was not obliged to forward it to the Federal Supreme Court.