Questão jurídica principal
Whether the cantonal court violated the appellant’s right to be heard by deciding without ruling on his extension request and without allowing a reply.
Decisão extraída
Yes. The court decided before dealing with the extension request, thereby denying the appellant his right of reply and thus his right to be heard.
Fundamentação extraída
The right to reply is part of the constitutional right to be heard under Art. 29(2) BV and has the same scope as under Art. 6(1) ECHR in judicial proceedings. Since the appellant timely requested more time to comment on the submissions, the court had to address that request before deciding.