Auszug aus EGMR, 26.10.2004 - 41579/98

Accordingly, the decisive factor for determining in a given case whether there is a legitimate reason to fear that a particular judge lacks impartiality is whether this fear can be held to be objectively justified (see, among other authorities, Saraiva de Carvalho v. Portugal, judgment of 22 April 1994, Series A no. 286-B, § 35).

Auszug aus EGMR, 26.10.2004 - 41579/98

This examination aims at ascertaining whether the lay assessors offered guarantees sufficient to exclude any legitimate doubt as to their objective impartiality (see, among other authorities, De Cubber v. Belgium, judgment of 26 October 1984, Series A no. 86, pp. 13-14, § 24; and Langborger v. Sweden, judgment cited above, p. 16, § 32).

Auszug aus EGMR, 26.10.2004 - 41579/98

This could be so either if the lay assessors had a common interest contrary to those of the applicant or if their interests, although not common, were such that they were nevertheless opposed to those of the applicant (see Stallarholmens Plåtslageri o Ventilation Handelsbolag and Others v. Sweden, no. 12733/87, Commission decision of 7 September 1990, Decisions and Reports 66, p. 111, at p. 118).