Facts
The case concerns an insured person named Bühlmann, who is suing 41 health insurance companies from the canton of Aargau and the arbitration tribunal pursuant to Art. 25 KUVG of the canton of Aargau. The Federal Court must decide whether the deadline missed by Bühlmann can be restored due to his illness.
Pursuant to Art. 35 para. 1 in conjunction with Art. 135 OG, a missed deadline can be restored if the applicant or his representative was prevented from acting within the deadline due to an excusable obstacle, and the missed legal action is made up for within 10 days after the obstacle has been removed. Illness can constitute such an excusable obstacle, provided that it prevents the person seeking legal redress from acting within the deadline or from instructing a representative.
Considerations
The Federal Court states that the illness must be such that it prevents the person seeking legal redress from acting within the deadline or instructing a third party to safeguard their interests. In previous decisions, the court has granted the restoration of a deadline due to serious illnesses such as pneumonia or severe postoperative bleeding, in which the person concerned was unable to act themselves or instruct a representative.
It is particularly decisive at what stage of the appeal deadline the illness occurs. If the party falls ill some time before the deadline expires, they are usually able to take action themselves or instruct a representative. If, on the other hand, they…