Kernrechtsfrage
Whether the appellant’s right to be heard was violated because the first-instance court did not serve the respondent’s reply before deciding.
Extrahierter Entscheid
Yes. A party must be able to comment on an opponent’s filing before judgment; the appellant had not waived that right and did not act in bad faith.
Extrahierte Begründung
The duty to permit a reply follows from the constitutional right to be heard and applies even outside Article 6 ECHR. The appellant could reasonably expect the court to forward the reply before ruling; the supposed lack of diligence did not forfeit the right.