Facts
The applicant/complainant [X.] had filed a defamation lawsuit against the respondent/complainant [A.] with the Conciliation Authority of Schaffhausen. After the conciliation proceedings remained without agreement, the Cantonal Court of Schaffhausen acquitted the respondent/complainant on 26 March 2009. The appeal filed by the applicant/complainant was dismissed by the High Court of the Canton of Schaffhausen on 29 January 2010. The judgment was served on the applicant/complainant on 9 February 2010. A complaint to the Federal Supreme Court would have had to be filed by 11 March 2010.
On 11 March 2010, the applicant/complainant requested that the respondent/complainant be convicted and punished for defamation and applied for an extension of the time limit for filing the grounds of complaint due to illness. After the Federal Supreme Court drew his attention to Art. 50 FSCA, the applicant/complainant applied for restitution of the time limit for filing the grounds of complaint on 25 June 2010.
Considerations
The Federal Supreme Court examined whether a restitution of the time limit for complaint was possible. According to Art. 50 para. 1 FSCA, a restitution of the time limit is only possible if the party or its representative applies for it within 30 days after the obstacle has ceased to exist, stating the reason, and performs the missed legal action.
The court found that the applicant/complainant suffered from a herniated disc and was completely unable to work from 10 March to 24 May 2010. Since 25 May 2010, he has been 50% able to work again, according to the medical report. The court found that the applicant/complainant's illness was no longer such that it would have prevented him from drafting the grounds of complaint since 25 May 2010.
The court concluded that the applicant/complainant had not filed the request for restitution of the time limit…