Facts
The Canton of Zurich pursued A. for repayment of a student loan. On November 21, 2013, the Canton requested definitive debt enforcement proceedings before the District Court of Bülach. A. filed a complaint against the granting of the definitive debt enforcement by the District Court. The Federal Supreme Court dismissed the complaint.
A. alleged a violation of Art. 6 para. 1 ECHR, as he was not granted a public court hearing. The Federal Supreme Court concluded that the debt enforcement proceedings, as enforcement proceedings, do not fall within the scope of Art. 6 para. 1 ECHR, as the underlying civil law claim is no longer being decided.
Furthermore, the Federal Supreme Court stated that even if an oral hearing had been exceptionally required, A. did not present the reasons for this. In addition, A. did not make use of his right to submit a written statement, so the debt enforcement judge was not obliged to order an oral hearing ex officio.
Considerations
The Federal Supreme Court concluded that in the present enforcement proceedings, which followed an ordinary judicial procedure and in which the merits of the claim to be enforced were no longer decided, Art. 6 para. 1 ECHR generally does not apply. Therefore, A. had no right to a…