1. The judge shall, in the following cases, be ineligible to hear the legal proceeding, and, as such, shall be prohibited from hearing the same, even if not disqualified by either litigant: a. If he is the spouse, blood relative or an in-law up to the fourth degree of either litigant; b. If he or his wife has an existing legal proceeding against either of the litigants; c. If he is the attorney-in-fact, guardian, trustee or presumptive heir of either litigant, if he is the spouse of the guardian or trustee of either litigant, or if he is a relative or an in-law up to the fourth degree of such a guardian or trustee or of a member of the company's board of directors or any of its managers where such a member or manager has a personal interest in the legal proceeding; d. If he or his wife, blood relative or in-law in the ancestral line, or a person for whom he is acting as the attorney-in-fact, trustee or guardian, has an interest in the existing legal proceeding; e. If he and any of the tribunal judges has a relationship of kinship or affinity up to the fourth degree; in which case, the more junior judge between them shall recuse himself; f. If he and the representative of the Public Prosecution or the advocate of either litigant are related by blood or affinity up to the second degree; g. If he had given an opinion, pleaded on behalf of either litigant or written anything in relation to the underlying legal proceeding, even if before his appointment in the judiciary, or if he had previously dealt with the underlying legal proceeding as a judge, expert witness, arbitrator or witness; or h. If he filed a claim for compensation against the disqualifying party or filed a complaint against the latter with the competent authority. 2. Any action taken, or decision made, by the judge in respect of any of the foregoing circumstances shall be null and void, even if based on the agreement of the litigants. 3. If this invalidity occurs in relation to a judgment issued on a challenge by way of cassation, the litigant concerned may petition the court to overturn that judgment and to order that the challenge by way of cassation be heard before a Tribunal in which the disqualified judge is not involved.
Interpretation and application must be checked against the official text and current version.