Questão jurídica principal
Whether the complaint was admissible despite the failure to announce the appeal under Art. 399(1) CPC
Decisão extraída
No. Because the complainant conceded that the appeal had not been announced, the complaint disclosed no arguable violation of law and could not be examined under Art. 108 BGG.
Fundamentação extraída
The decisive and undisputed fact was the missing appeal announcement required by Art. 399(1) CPC. The reasons later advanced for the delayed declaration were irrelevant to admissibility.