Key legal question
Whether the cantonal court violated the appellant’s right to be heard by deciding shortly after transmitting the respondent’s rejoinder without allowing a meaningful reply.
Extracted holding
Yes. Five days after communication of the rejoinder was clearly insufficient; the appellant was not given a real opportunity to respond before judgment.
Extracted reasoning
Under the right to be heard, parties must be able to comment on any submission. Here the court neither declared the exchange closed in advance nor fixed a response deadline. The defect could not be cured before the Federal Tribunal, so the judgment had to be set aside and the case remanded.