Facts
The married couple S. filed a lawsuit against companies A. and B. for damages. The Court of Appeal of the Canton of Geneva dismissed the claim by judgment of 13 November 1987. The plaintiffs then filed an appeal in civil matters with the Federal Supreme Court on 18 January 1988 (and not, as erroneously stated, on 15 January 1988). As the appeal was filed late, the plaintiffs submitted a request for restitution in accordance with Art. 35 para. 1 OG on 17 February 1988. At the same time, they filed a new appeal in civil matters.
Considerations
The Federal Supreme Court dismissed the request for restitution. It concluded that the requirements for restitution were not met. Although the plaintiff was incapacitated due to an illness since 24 December 1987, his lawyer could still file the appeal in a timely manner without having to wait for instructions from the client. The lawyer could have…