Kernrechtsfrage
Whether the court advance payment was made on time when a bank ordered an EZAG transfer on the deadline but the amount was credited later.
Extrahierter Entscheid
No. For deadline purposes, the electronic data had to be handed to the post by the last day and the due date had to fall within the deadline; a timely bank instruction alone was insufficient.
Extrahierte Begründung
Art. 32(3) OG governs filing and, by analogy here, requires timely delivery to the postal service. Under the established EZAG case law, the relevant moment is the transmission of the electronic data to the post and the setting of a proper due date. Risks arising from the bank or its auxiliaries are imputed to the party.