Key legal question
Whether the subsidiary constitutional complaint against the cost-advance order was admissible despite the prior cantonal non-entry decision.
Extracted holding
The complaint was inadmissible because the appellant no longer had a legally protected interest: the cantonal appeal had already been dismissed for failure to pay the advance, so quashing the advance order could no longer change the situation.
Extracted reasoning
Standing under Art. 115 lit. b BGG requires a present legally protected interest in annulment or amendment of the challenged decision. Since the cantonal court had already issued a non-entry decision before the constitutional complaint was filed, the federal court could no longer grant effective relief against the advance-order decision.