Questão jurídica principal
Whether the appeal to the Federal Administrative Court was filed within the statutory 30-day deadline after service of the pension refusal.
Decisão extraída
The deadline started on the deemed service date, 14 February 2007, because the postal retention order created a service fiction after seven days from arrival at the local post office. The appeal filed on 23 March 2007 was late.
Fundamentação extraída
The court held that the service fiction under Art. 38 Abs. 2bis ATSG also applies by analogy to retained registered mail, for reasons of equal treatment, prevention of abuse, and practicability, provided the addressee had to expect service.