Auszug aus EGMR, 31.08.2004 - 410/02

b) As to the remainder of the disqualification complaint, the Court need not decide whether the first instance tribunal lacked impartiality or whether the reasons given by the Supreme Court were compatible with Article 6 of the Convention, because in determining issues of fairness for the purposes of that Article, the Court must consider the proceedings as a whole, including the decision of the appellate court (Edwards v. the United Kingdom, judgment of 16 December 1992, Series A no. 247-B, § 34; C.G. v. the United Kingdom, no. 43373/98, judgment of 19 December 2001, § 35).