Kernrechtsfrage
Whether refusing an oral appeal hearing violated Article 6 ECHR
Extrahierter Entscheid
No. Given a full first-instance hearing, the limited issues on appeal, the low seriousness of the case, and the possibility to decide from the file, the appellate court could dispense with a hearing.
Extrahierte Begründung
Article 6 ECHR does not invariably require an oral hearing on appeal; the question depends on the whole proceedings. Here the first instance had already held a public hearing with witness examination, reformatio in peius was excluded, and the appeal raised issues that could be assessed on the record.