Kernrechtsfrage
Whether the complaint could be entered into despite non-payment of the court cost advance
Extrahierter Entscheid
No. Because the court advance was not paid within the extended deadline, the complaint had to be dismissed in non-entry proceedings under Art. 108 BGG.
Extrahierte Begründung
The Federal Supreme Court had set a court cost advance and granted a statutory grace period with a non-entry warning. The appellant’s request to reduce the advance and his claim of an agreed instalment plan did not change that no valid assurance had been given and the amount remained due.