When a Friendship Disqualifies a Judge

Under Section 42 of the German Code of Civil Procedure, a party may reject a judge for Besorgnis der Befangenheit, fear of bias. A reason is enough if it is geeignet ist, Misstrauen gegen die Unparteilichkeit eines Richters zu rechtfertigen, suitable to justify distrust of the judge’s impartiality. In November 2020 the Federal Court of Justice decided such a case. Neighbors in a condominium were in a dispute over a parking space. The wife of the presiding judge had been friends with one of the defendants for years. The court found the challenge to the judge justified. A mere acquaintance or a loose friendship, it said, is as a rule not enough. Anders ist es aber bei einer engen bzw. langjÀhrigen Freundschaft. It is different with a close or long-standing friendship. This holds whether or not the judge himself has contact with the party.

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