Questão jurídica principal
Whether the appeal could be heard despite non-payment of the advance on costs under Art. 62 BGG
Decisão extraída
No. The advance on costs was duly requested, no special grounds for waiver existed, and the appellant failed to pay even within the grace period; the appeal was therefore inadmissible under Art. 108 BGG.
Fundamentação extraída
Under Art. 62(1) BGG, parties must in principle pay an advance on costs in the amount of expected court costs. The appellant's refusal was incompatible with the clear statutory rule, and no exceptional circumstances justified a waiver.