Key legal question
Whether the first-instance debt-enforcement procedure was unlawful because the appellant was not served the opposing party's comments for reply.
Extracted holding
No. In this supervisory debt-enforcement procedure, the cantonal rules required only a simple hearing of the parties; there was no obligation to circulate the response for a further exchange of submissions.
Extracted reasoning
Article 6(3)(c) ECHR was inapplicable because no criminal accusation was involved. Debt-enforcement supervisory proceedings are governed primarily by cantonal law. Under § 361 ZPO, the court must, where possible, obtain the opposing party's comments, but the summary nature of the procedure means it normally ends with a simple hearing and does not include a right of reply.