Facts
The appellant, a dentist, received a professional practice permit in the Canton of St. Gallen on 3 October 2005. Following various supervisory complaints, the Health Department of the Canton of St. Gallen initiated disciplinary proceedings against him. On 28 May 2014, the Health Department issued a definitive and unrestricted ban on independent professional practice as a dentist and revoked the professional practice permit. The appellant filed an appeal with the Administrative Court of the Canton of St. Gallen and requested restoration of the suspensive effect of the appeal. The Administrative Court denied the request for restoration of the suspensive effect and did not consider the appeal, as the appeal justification was insufficient.
The appellant requested restoration of the time limit for submitting the appeal supplement, which the Administrative Court rejected. The appellant filed an appeal with the Federal Supreme Court and requested annulment of the Administrative Court's judgment.
Considerations
The Federal Supreme Court examined whether the lower court had arbitrarily concluded that more than slight negligence within the meaning of Art. 148 para. 1 CPC existed and therefore did not grant the restoration request. The Federal Supreme Court concluded that the lower court had rightly rejected the restoration of the time limit, as the appellant and his legal representatives had not proven that they had applied the necessary care to ensure the correct addressing of the submission.
The Federal Supreme Court also examined whether…