Question juridique clé
Whether failure to serve the appeal response before the cantonal judgment violated the right to be heard and a fair trial.
Solution extraite
Yes. A party must be able to receive and comment on all submissions filed with the court, regardless of whether they contain new facts or arguments or whether they might influence the judgment.
Motifs extraits
The court relied on ECtHR case law under Art. 6(1) ECHR and held that the right to a fair hearing requires disclosure of all written submissions. Because the appeal answer was not served beforehand and the defect could not be cured in federal proceedings, the cantonal judgment had to be set aside.