Key legal question
Whether the cantonal court violated the right to a public hearing under Article 6 ECHR by deciding the license-withdrawal appeal in writing.
Extracted holding
Yes. A request expressly invoking Article 6 ECHR for a party hearing cannot be understood as an unequivocal waiver of a public hearing.
Extracted reasoning
Driver's request for a 'party hearing in application of Art. 6 ECHR' clearly relied on the Convention right. Since the written procedure was used despite that request, there was no valid waiver and the right to a public hearing was breached.