Question juridique clé
Whether the appellant was denied the right to be heard because the Statthalteramt's written response was not served on him.
Solution extraite
Yes. The response had to be communicated to the appellant so he could comment on it, regardless of whether it contained new arguments.
Motifs extraits
Under Art. 29(2) BV, the right to be heard includes the right to know and respond to every submission filed with the court; the record did not show any service of the response.