Facts
The complainant [X.] requested the ETH Complaints Commission to take superprovisional and provisional measures to prohibit the publication of an investigation report and to repeal the decision of the ETH School Board. The ETH Complaints Commission referred the matter to the Federal Administrative Court, which issued a first interim decision ordering the ETHZ to temporarily refrain from publishing the investigation report. In a second interim decision, the Federal Administrative Court ordered the complainant to pay an advance payment of costs of CHF 1,000 and threatened not to consider the complaint if the payment was not made within the deadline.
The complainant paid the advance payment only after the deadline had expired and then requested the restoration of the deadline. The Federal Administrative Court rejected the request, and the complainant appealed to the Federal Supreme Court.
Considerations
The Federal Supreme Court examined the admissibility of the complaints and came to the conclusion that they were admissible. It then examined the merits of the complaints and came to the conclusion that the complainant's failure to meet the deadline was justified and that the lower court had rightly rejected the restoration of the deadline.
The Federal Supreme Court also examined the complainant's objection that the deadline for paying the advance payment was not appropriate. It came to the conclusion that the deadline was appropriate and that the complainant had not provided any reasons that would have justified an extension of the deadline.
The Federal Supreme Court also rejected the complainant's objection that the lower court had violated the right to be heard by…