Questão jurídica principal
Whether the applicant should be granted restoration of the deadline for payment of the appeal fee.
Decisão extraída
Restoration was granted because the applicant credibly showed that neither it nor its procedural representative was at fault for the late payment.
Fundamentação extraída
Under Section 85(2) ZPO, the representative's fault is attributable only if it exists; here the applicant made credible that the lateness occurred without its own or attributable fault, so restoration under Section 91(1) sentence 1 MarkenG had to be granted.