Key legal question
Whether the cantonal court had to hold a public hearing under Article 6 ECHR
Extracted holding
Because the insured person made a timely and clear request for a public hearing and the case was not so plainly unfounded or abusive as to justify refusing it, the cantonal court should have held a public hearing.
Extracted reasoning
In social insurance disputes over civil rights, Art. 6 ECHR applies. A public hearing may be omitted only in exceptional situations such as abuse, dilatory conduct, obvious inadmissibility, or clearly hopeless claims. Here the relevance of the proposed questions was not so obvious that the hearing could be dispensed with.