Key legal question
Whether the appeal should be entered upon despite non-payment of the advance on costs.
Extracted holding
No. Because the appellant did not pay the advance within the extended deadline, the appeal could not be examined.
Extracted reasoning
The appellant was warned that failure to pay the CHF 1,000 advance by 2009-02-09 would lead to non-entry. He received the second order but still did not pay, so non-entry followed under Art. 108 BGG.