Questione giuridica chiave
Whether the deadline for paying the advance on costs should be restored under Art. 35 OJ.
Decisione estratta
Restitution was denied because the late payment was caused by the insurer acting as an auxiliary; its conduct is attributable to the party or its counsel.
Motivazione estratta
Under established case law, a party cannot obtain restitution when an auxiliary misses a deadline, even if instructions were given and due care was otherwise exercised. The court refused to depart from that line of authority.