Facts
The present case concerns an appeal against a decision of the cantonal supervisory authority in debt enforcement proceedings. The appellant had previously filed a complaint, which was decided upon in the contested decision of November 28, 1990. The decision was served on the appellant by registered mail to his post office box address. According to case law, the service was deemed to have been made on the last day of the 7-day collection period, as the appellant had to expect the service.
The 10-day deadline for filing the appeal to the Federal Court thus began to run on December 7, 1990 and would have expired on December 16, 1990. Since this day fell on a Sunday, the appeal would have had to be submitted to the post office at the latest on December 17, 1990. However, the appeal was not filed until January 4, 1991 and was therefore late.
The appellant invoked the Christmas debt enforcement holidays, which began on December 18, 1990. However, the Federal Court made it clear that these holidays had no influence on the running of the deadline, as the contested decision was not an act of debt enforcement within the meaning of Art. 56 DEBA, but merely a decision on a complaint.
Considerations
The Federal Court dismissed the appeal as having been filed late. It stated that the service of the decision to the appellant's post office box address was deemed to have been made on the last day of the 7-day collection period, as the appellant had to expect…