Kernrechtsfrage
Whether the first-instance judge had to be recused after his judgment was annulled because he had examined prescription ex officio.
Extrahierter Entscheid
The annulled judgment did not, by itself, show objective appearance of bias. The alleged error was not sufficiently grave or repeated to justify recusal.
Extrahierte Begründung
A judge is not disqualified merely because a higher court overturned his decision. Only particularly serious or repeated violations of duty can create an appearance of bias. Here, the ex officio prescription issue was legally not obvious, especially given differences between Italian and Swiss prescription law.