Kernrechtsfrage
Whether the appeal deadline should be restored under Art. 148 ZPO because counsel was ill.
Extrahierter Entscheid
No. The lawyer’s conduct amounted to more than slight fault; he had to anticipate the deadline and take substitute measures.
Extrahierte Begründung
The illness was known well before the appeal period began. Despite a 100% incapacity certificate and knowledge of the treatment schedule, counsel made no timely arrangements for substitution or return of the mandate. In a short ten-day appeal period for urgent protection measures, special caution was required.