Facts
The appellant [S.] had filed an appeal against a decision of the IV office of the canton of Zurich on 14 May 2007, without attaching the contested administrative act. The Social Insurance Court of the canton of Zurich requested him to submit the administrative act and improve the appeal. After the appellant failed to do so within the set deadline, the Social Insurance Court did not consider the appeal. The appellant then requested the reinstatement of the deadline for improving the appeal, which the Social Insurance Court rejected.
The appellant filed an appeal in public law matters with the request to grant his application for reinstatement of the deadline. The IV office of the canton of Zurich requested the dismissal of the appeal.
Considerations
The Federal Court examined the admissibility of the appeal and found that the contested decision of the Social Insurance Court was a final decision concluding the cantonal proceedings in the sense of Art. 90 FSCA. Thus, there was a admissible object of appeal against which the appeal in public law matters was open.
The Federal Court reviewed the factual findings of the lower court and found that the service of the collection invitation for the court document on 24 May 2007 was deemed to have been made. The appellant had claimed that he had never received a postal collection invitation, which, however, was not considered proven by the lower court.
The Federal Court examined the appellant's complaint that the lower court had required him to provide strict proof of…