Key legal question
Whether the cantonal court acted arbitrarily by deciding the cassation appeal on the merits instead of remitting the case.
Extracted holding
The cantonal court could, under the applicable cantonal rule, either remit the case or decide it on the merits; choosing to decide itself was not arbitrary.
Extracted reasoning
The procedural provision left the court free to decide ex officio on the merits and imposed no condition requiring remittal. A remittal might have been conceivable, but the chosen solution was still defensible.