Questão jurídica principal
Whether a payment deadline is met by instructing a bank to transfer funds on the last day.
Decisão extraída
No. For compliance with the deadline, the transfer order had to be given to the Swiss postal authorities by the last day; a bank transfer order is not equivalent.
Fundamentação extraída
The statutory wording of § 82 Abs. 4 ZPO is clear. The plaintiff’s order to the bank occurred only on the last day and could not ensure timely execution. Prior case law did not treat bank orders as equal to PTT orders.