Kernrechtsfrage
Whether the cantonal judgment had to be annulled because the deciding panel included a judge who had not attended the oral hearing.
Extrahierter Entscheid
Yes. A judge who has not heard the parties may not participate in the merits decision; this violated both the right to be heard and the requirement of a properly constituted court.
Extrahierte Begründung
The hearing was oral and unrecorded in substance. The record did not show how the absent judge could have informed himself of the parties' submissions. A decision by a judge who had not heard the parties breaches the core of Art. 29(2) BV and also renders the panel improperly composed under Art. 30(1) BV.