Key legal question
Whether the appeal deadline should be restored under Art. 50 BGG because former counsel was ill and hospitalized.
Extracted holding
No. The illness did not objectively or subjectively make timely procedural action impossible for the relevant period, and the restoration request was in any event late after substitution of counsel.
Extracted reasoning
A medical incapacity only justifies restoration while it truly prevents any deadline-preserving action. Here, the lawyer's condition lasted for a significant period, but there was no showing that he could not instruct a substitute or notify the client. Even assuming the hindrance ended with the new mandate on 20 February 2008, the 30-day restoration period expired before the filing of 25 April 2008.