Key legal question
Whether the cantonal court violated the right to be heard by ignoring the personality-rights argument supporting standing as private prosecutor.
Extracted holding
Yes. The cantonal court failed to address a relevant, expressly raised argument and gave reasons only on the distinct property-rights theory.
Extracted reasoning
A court must deal, at least briefly, with all pertinent arguments. Ignoring one of two distinct grounds for standing constituted a formal denial of justice. The defect was not cured on federal appeal because the Federal Court lacked the same scope of review and remittal was not futile.