Questão jurídica principal
Whether the appeal was admissible despite non-payment of the required advance on costs within the final deadline.
Decisão extraída
No. Because the advance was neither paid nor duly evidenced as paid in time, the court had to refuse to enter into the appeal.
Fundamentação extraída
After warning under Art. 62(3) BGG and expiry of the non-extendable deadline, the appellant had not paid the CHF 3,000 advance in cash, via postal handover, or by proven timely debit from a Swiss account. Under Art. 108(1)(a) BGG, non-entry was mandatory.