Questione giuridica chiave
Whether the deadline for filing the nullity appeal should be restored under former Art. 35 OJ.
Decisione estratta
No. The asserted reasons were not an excusable impediment without fault, and the applicant still had time to act or instruct a representative.
Motivazione estratta
The request was governed by former procedure because the challenged cantonal decision predated 1 January 2007. Restitution under Art. 35(1) OJ requires an objective inability to act without fault. The illness of the association president and the applicant's family burden did not prevent timely filing; if overburdened, he could have mandatd counsel. In any event, the relevant illness occurred while the 30-day period had not yet expired.