Questione giuridica chiave
Whether the state constitutional complaint against the Obergericht judgment was timely filed
Decisione estratta
The complaint was out of time under the former procedural law and therefore could not be examined on the merits.
Motivazione estratta
Because the challenged decision predated 1 January 2007, the old procedural law applied; under Art. 89(1) OG the complaint had to be filed within 30 days from service. That period had long expired, and a later decision of the Kassationsgericht did not affect the timeliness of the complaint against the Obergericht judgment.