Questão jurídica principal
Whether the appeal had to be entered into despite the missing attachment
Decisão extraída
No. The appeal was not admitted because the formal defect was not cured within the granted time limit.
Fundamentação extraída
The court had ordered the appellant to submit the missing attachment under Art. 42(5) BGG. The order was deemed served under Art. 44(2) BGG after it was returned uncollected, but the appellant still failed to remedy the defect by the deadline. Under Art. 108(1)(a) BGG, the court therefore had to decline to enter into the appeal.