Supreme Court allows appeal when judge who rejected claim in first instance re-evaluates merits after cassation dismissal.

The Supreme Court dismissed the cassation appeal against a first-instance judgment that rejected the plaintiff's claim. The lower court had previously dismissed the suit based on the plaintiff failing to specify the infringed personal right, relying on judicial precedent regarding the admissibility of such claims. The Supreme Court held that a judge who participated in the decision to reject the claim is not excluded from the second-instance bench when the case is remanded for a substantive review, distinguishing this from situations where the second instance merely dismisses the appeal on procedural grounds.