Key legal question
Whether the appeal had to be entered into despite the missing attachment and other formal defects.
Extracted holding
No. The defect was not cured in time, and the appeal also failed to meet the formal requirements of Art. 42 paras. 1 and 2 BGG.
Extracted reasoning
The Federal Court had set a deadline to remedy the missing attachment under Art. 42 para. 5 BGG. The order was deemed served under Art. 44 para. 2 BGG after the registered mail was returned as refused. Because the appellant did not correct the defect by the deadline and the appeal was otherwise manifestly non-compliant, non-entry was appropriate in simplified proceedings.