Kernrechtsfrage
Whether the appeal had to be entered into despite late payment of the advance on costs.
Extrahierter Entscheid
No. The advance on costs was paid after the deadline, so the appeal could not be entered into.
Extrahierte Begründung
Under Art. 150(4) OG, failure to pay the advance on costs within the set time leads to non-entry. For bank transfers, Art. 32 OG applies; a payment order to a bank is not enough unless the bank itself acts timely. For electronic EZAG transfers, the electronic data had to reach the Postfinance by the last day of the period and the due date had to fall within the period. Here, the instruction reached Postfinance only on 25 April 2005 and with a due date of 26 April 2005, while the deadline was 21 April 2005.