on the exclusion of a judge who participated in a decision to exclude or designate a court
On the basis of a motion for a preliminary ruling submitted by the head of the Civil Chamber of the Curia, the Curia’s Uniformity Complaint Panel has issued the following uniformity decision:
1. A judge who participated in a decision on the exclusion of a court of first instance shall be excluded from conducting second-instance proceedings, if in his/her appeal (cross-appeal), the party also challenges the decision that has denied (rejected) the exclusion.
2. The judge shall not be excluded from conducting second-instance proceedings if he/she has participated in conducting proceedings in the matter of designating a court or in making a conclusive decision thereon.
3. Paragraph 35 of Curia Decision No. Mfv.10.135/2023/21, which was published in the Collection of Court Decisions, is to be applied with this binding interpretation.