Facts
The [X. AG] (appellant) and the [Y. SA] (respondent) were involved in a lawsuit before the High Court of the Canton of Solothurn. The respondent had filed a request for provisional debt enforcement for CHF 627'991.35 plus interest on July 9, 2010. The District Court of [Z.] had granted this request, and the appellant had appealed against it.
The High Court of the Canton of Solothurn dismissed the appeal without giving the appellant the opportunity to comment on the respondent's appeal response. The appellant had requested a deadline for a reply on December 1, 2010, which the High Court rejected, as the decision in the case had already been made.
The appellant filed a complaint with the Federal Supreme Court and alleged a violation of Art. 29 para. 2 Cst. and Art. 6 para. 1 ECHR, as she had been denied the right to comment.
Considerations
The Federal Supreme Court examined the complaint and came to the conclusion that the lower court had violated the appellant's right to comment. The court found that the appellant had immediately requested a deadline for a reply after receiving the appeal response and that the High Court had not granted this request.
The Federal Supreme Court found that the violation of the right to comment could not be justified by Art. 84 para. 2 DEBA, according to which the judge shall decide within five days of receiving the statement. This deadline is a…