Facts
Paul and Armand Barman filed a public law appeal against a decision rendered by the President of the Civil Court of the Vaud Cantonal Tribunal. On August 25, 1970, the Federal Tribunal Chancellery invited the appellants' representative to deposit with the court registry, by September 3, 1970, the amount of 200 francs as security for the presumed court costs (Art. 150 OJ). On the order of this representative, the sum was paid on September 11, 1970, to the Federal Tribunal's postal checking account by the Swiss Bank Corporation in Lausanne. The representative explained that he had given the bank the transfer order on September 2 and expected it to be executed without delay. He requested the restoration of the filing deadline.
Considerations
The Federal Tribunal rejected the request for restoration of the time limit. Although payment through the post office is considered to have been made within the time limit, this rule cannot be extended to payment orders given to a bank. Restoration for non-observance of a time limit can only be granted if the applicant or his representative was prevented, without his fault, from acting within the prescribed time limit (Art. 35 OJ).
In this case, the bank was not the representative of the appellants, and any fault it may have committed is not attributable to them. When the representative substitutes a third party, he is responsible for the care with which he chooses, instructs and supervises him. If he gives the order late or does not indicate that the execution is urgent, he commits negligence that precludes…