Facts
The present case concerns the question of whether a senior judge should have been disqualified due to bias. The appellant, the Swiss Federal Disability Insurance, argued that the husband and brother-in-law of the senior judge have a special relationship with Insurance Company F. AG, which is closely connected with the respondent, the Swiss National Insurance Office (NVB).
The Federal Supreme Court had to assess whether, based on these circumstances, the appearance of bias of the senior judge was given and she should therefore have been disqualified.
Considerations
According to the case law of the Federal Supreme Court, the appearance of bias may already exist if there are circumstances that could objectively raise doubts about the impartiality of the judge. The subjective perception of a party is not decisive, but the doubt must appear to be objectively justified.
The Federal Supreme Court had previously held that a lawyer acting as a judge appears to be biased if there is still an open mandate for a party or if he has acted as a lawyer for a party in such a way that a kind of permanent relationship exists. Even if the lawyer himself is not the judge, but another lawyer from his law firm maintains a mandate with a party to the proceedings, an appearance of bias may arise, as the client expects solidarity from the entire law firm.
In the present case, it could not be proven that the husband of the senior judge directly represented Insurance Company F. AG. However, there was a permanent relationship between the husband and Insurance Company F. AG, as the husband was regularly entrusted with litigation mandates of Insurance Company F. AG, according to…