Key legal question
Whether the constitutional complaint was filed within time
Extracted holding
No. The appellant did not prove that the challenged decision was handed to the Swiss Post by the deadline, so the postal stamp of 1 May 2004 controlled and the filing was late.
Extracted reasoning
The burden of proving timeliness lies on the party filing the step. Although the court invited proof, none was produced. In the absence of proof of earlier postal delivery, the postmark prevails.