Questão jurídica principal
Whether the constitutional complaint was filed within time
Decisão extraída
No. The appellant did not prove that the challenged decision was handed to the Swiss Post by the deadline, so the postal stamp of 1 May 2004 controlled and the filing was late.
Fundamentação extraída
The burden of proving timeliness lies on the party filing the step. Although the court invited proof, none was produced. In the absence of proof of earlier postal delivery, the postmark prevails.