Questione giuridica chiave
Whether the spontaneous recusal request of the Justice of peace should be admitted
Decisione estratta
Yes. Because the justice of peace office was involved as representative of the creditor State in the same debt-enforcement matter, an objective appearance of bias existed.
Motivazione estratta
A judge must recuse where serious grounds create an objective appearance of partiality. Here, the judge called to decide the mainlevée was also part of the office representing the requesting party, which justified recusal.