Questione giuridica chiave
How to calculate the first day of the appeal period when a decision is served during the VwVG suspension period
Decisione estratta
Under Art. 20(1) VwVG in conjunction with Art. 22a VwVG, the first day after the end of the suspension counts as the first running day.
Motivazione estratta
The wording of Art. 20(1) VwVG ties the start of the period to notification; unlike Art. 32(1) OG, it does not exclude the first day. The court aligned itself with the EVG's interpretation and held that the suspension only pauses the running of time.