Questione giuridica chiave
Whether the cantonal appellate court’s silence on the request concerning first-instance costs and party compensation constituted formal denial of justice and a lack of reasoning.
Decisione estratta
Yes. The appellate court had to address the explicit request on first-instance costs and could not leave it unexplained whether it had omitted the issue or implicitly rejected it.
Motivazione estratta
Because the appeal partially succeeded, the cost allocation at first instance could no longer be assumed correct without explanation. The decision gave no indication whether the issue had been considered. This breached the duty to decide and to provide reasons under the Constitution.