Questão jurídica principal
Whether the unsigned appeal had to be entered into despite a defect-cure order
Decisão extraída
No. The appellant did not submit a signed version within the deadline, and the defect-cure notice was deemed validly served.
Fundamentação extraída
Under Art. 42 BGG an appeal must bear an original signature; if missing, a cure period must be set. The registered notice was returned unclaimed, but service was deemed effected because the appellant had recently filed the appeal and had to expect court communications at the address given.