Wraking van Hoge Raad, December 21, 2012
Datum uitspraak | 2012/12/21 |
Uitgevende instantie: | Hoge Raad |
21 december 2012
Nr. 12/02162
Beslissing
van de Vierde kamer van de Hoge Raad der Nederlanden naar aanleiding van het verzoek om wraking van de hierna te noemen raadsheren in de Hoge Raad, ingediend door X te Z, verder te noemen verzoeker.
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De procedure
1.1Verzoeker heeft namens belanghebbende, X1 B.V., beroep in cassatie ingesteld in de zaak die bij de Derde kamer van de Hoge Raad is ingeschreven onder nummer 12/02162. Bij brief van 13 september 2012 is aan verzoeker meegedeeld dat op 21 september 2012 ter terechtzitting de beslissing in die zaak in het openbaar zal worden uitgesproken. Tevens is daarin meegedeeld dat het arrest zal worden gewezen door de leden C. Schaap, M.W.C. Feteris en Th. Groeneveld.
1.2 Bij op 14 september 2012 ter griffie van de Hoge Raad ingekomen verzoekschrift heeft verzoeker de wraking verzocht van de hiervoor in 1.1 vermelde leden van de Hoge Raad.
1.3 Voorts heeft verzoeker bij het hiervoor in 1.2 vermelde verzoekschrift de wraking verzocht van G.J.M. Corstens en J. de Hullu, leden van de wrakingskamer. Daartoe heeft hij als gronden voor wraking aangevoerd dat die leden: wederom hebben aangetoond niet datgene te doen waarvoor zij zijn ingehuurd, maar (slechts) aan de knoppen zitten van een fraude, en verder verwezen naar de gronden die zijn aangevoerd in een verzoek om wraking, bij de Hoge Raad per fax ingekomen op 8 augustus 2012, ter zake van een andere door hem bij de Hoge Raad aanhangig gemaakte procedure, met zaaknummer 11/04401.
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Beoordeling van de ontvankelijkheid van het onder 1.3 aangeduide wrakingsverzoek
De wrakingskamer acht, mede gelet op de behandeling van en de beslissing op eerdere wrakingsverzoeken die verzoeker heeft ingediend met betrekking tot andere bij de Hoge Raad aanhangig gemaakte zaken, het indienen van het onder 1.3 bedoelde wrakingsverzoek op gronden, die bestaan uit negatieve kwalificaties zonder dat daarvoor feitelijke gronden worden aangevoerd, kennelijk misbruik van recht. Samenstelling van een nieuwe wrakingskamer kan daarom achterwege blijven. Verzoeker zal in zijn wrakingsverzoek in zoverre niet worden ontvangen.
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Beoordeling van het onder 1.2 aangeduide wrakingsverzoek
3.1 Verzoeker voert in zijn wrakingsverzoek als grond voor wraking van de raadsheren Schaap, Feteris en Groeneveld aan de hiervoor onder 1.3 vermelde redenen, alsmede dat de genoemde raadsheren al bewezen hebben "creatief" (te zijn) met betrekking tot de griffierechten en privémeningen laten prevaleren...
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