Questione giuridica chiave
Whether the supervisory authority violated the creditor’s right to reply by deciding without letting her inspect annexed documents and comment on them.
Decisione estratta
Yes. The party’s right to be heard includes the right to know and respond to all submissions and newly filed documents; the authority ignored the timely request for consultation before ruling.
Motivazione estratta
Under Articles 29 Cst. and 6 ECHR, the right to reply applies in all judicial proceedings and belongs to the parties, not the judge, to assess whether observations are needed. By rejecting the complaint without awaiting the requested consultation, the authority infringed this formal guarantee.