Question juridique clé
Whether the appeal to the Federal Supreme Court was filed within the statutory time limit.
Solution extraite
The appeal was late because the 10-day deadline had already expired when the filing was sent to the prior authority.
Motifs extraits
Under Art. 100(2)(b) and Art. 48 LTF, the filing must reach the Federal Supreme Court or be handed to Swiss Post by the last day of the deadline; the challenged judgment had been notified on 27 April 2009 and the appeal was sent only on 12 May 2009.