Kernrechtsfrage
Whether the conciliation commission’s spontaneous recusal request was admissible and well-founded.
Extrahierter Entscheid
The request was admissible and had to be granted because the claimant’s administrative position within the office could create an appearance of bias.
Extrahierte Begründung
Under Art. 47 and 48 CPC, recusal is required where impartiality may objectively be doubted. The claimant’s regular professional contacts with other members of the office could, from an external viewpoint, generate an appearance of prevention and make the situation sensitive for staff involved in the case.