Kernrechtsfrage
Whether the appellant was entitled under Art. 6(1) ECHR to an oral public hearing in the supervisory complaint appeal proceedings
Extrahierter Entscheid
No. The complaint procedure is governed by cantonal law, and neither the Debt Enforcement and Bankruptcy Act nor the applicable cantonal provisions provide for a mandatory oral hearing. Article 6(1) ECHR does not create a general right to an oral hearing where the personal impression of the party is not necessary for the decision.
Extrahierte Begründung
The federal statute leaves regulation of supervisory complaint proceedings largely to the cantons. The applicable cantonal rules expressly provide for a written procedure. Because the appellant's personal appearance was not relevant to the merits, there was no basis for a public party hearing.