Question juridique clé
Whether the Bezirksgericht’s change of presiding judge during the proceedings violated the right to a lawful judge or hearing rights
Solution extraite
No. The substitution was justified by the president’s maternity leave; the substitute could familiarize herself with the file and protocol, and the five-member panel preserved equal knowledge of the case.
Motifs extraits
A bench change is permissible where there is an objective reason and the new member can acquire the process material through the record. The long interval between hearing and judgment, the detailed minutes, and the collegial composition distinguished the case from the cited precedent.