Facts
The dispute concerns a court decision rendered on 18 September 1997, which was sent to the applicant on 3 October 1997. The applicant had requested that her mail be retained for a period of two months pursuant to Article 145 paragraph 2 of the Postal Ordinance (OSP 1). The mail was handed over to the applicant on 15 October 1997. The applicant filed an appeal against the court decision on 24 October 1997, arguing that the 10-day time limit had been respected.
The parties involved are the applicant, G. AG, and the competent judicial authority. The procedure was conducted before the Chamber of bankruptcies and enforcement of the Federal Court.
Considerations
The Federal Court examined the question of whether the request for mail retention had the effect of extending the time limit for appeal against the court decision. The Court considered that, by analogy with the delivery of postal items to a mailbox or post office box, a registered letter, in the case of a request for mail retention within the meaning of Article 145 paragraph 2 OSP 1, is deemed to have been communicated on the last day of a seven-day period from the receipt of the item at the post office of the recipient's domicile.
The Court also considered that the applicant, who had opposed the sale of her property with all means at her disposal, should have expected notification of the court decision. Consequently, she had the obligation to ensure that the procedural documents were notified to her (116 Ia 90 E. 2a S. 92, with references).
The Court concluded…