Among the causes for a conflicting case law, we may find peculiarities in the personality of the one who decides in court. Starting from how the trial is conducted, up to the reasoning to be found in the decision, the proceedings are influenced, to a certain extent, by a creative understanding of how the law is interpreted and applied. But if creativity, as a personality trait, does not observe the inherent limits brought about by the judiciary activities, justice will suffer. A divergent judicial practice appears (also) when the personality of the judge determines a different understanding, and treatment, of similar cases. Whereas in Common Law this freedom seems to be traditionally tolerated, the strictness of the European Continental system shouldn’t allow for a low level of predictability in case decisioning process.