Questione giuridica chiave
Whether judges who decided the prior release proceeding must recuse themselves in the subsequent annulment action.
Decisione estratta
No. The prior decision on the summary release proceeding did not create a recusal ground for the later annulment action.
Motivazione estratta
Section 92(d) aims to prevent a judge from participating again in the same case in another official function. A summary release proceeding and the later ordinary annulment action are different proceedings: the release proceeding only provisionally examines the validity of the debt acknowledgment and immediate objections, while the substantive contractual dispute is reserved for the annulment action. Therefore, the same judges were not acting in the 'same case'.