Key legal question
Whether Art. 6(1) ECHR required a public oral hearing before the cantonal court.
Extracted holding
No public hearing was required because the appellants did not substantiate that NISV limit values were exceeded on their own property, and the dispute was of a highly technical nature suited to written proceedings.
Extracted reasoning
Art. 6 applies in zoning cases only where neighboring rights protected by the invoked norms are sufficiently engaged. The appellants had not properly alleged a limit-value exceedance in the cantonal proceedings, and their new factual assertions before the Federal Supreme Court could not be considered.