Questão jurídica principal
Whether the appeal was filed within the statutory 30-day deadline when mailed from Germany
Decisão extraída
The appellant failed to prove timely delivery to the Swiss Post or a Swiss diplomatic or consular post; the German postmark alone was insufficient.
Fundamentação extraída
Under Art. 48(1) BGG, timeliness depends on delivery to the Swiss Post or a Swiss representation, not on handing the filing to the German Post. The appellant bore the burden of proof and did not obtain or request further evidence such as a tracing procedure.