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Barthold Case

European Court of Human Rights.  25 March 1985 ; 31 January 1986 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Freedom of expression — Prohibitory injunction restraining applicant from repeating statements in general press — Injunction based on German domestic legislation regarding advertising by members of professions — Whether a justifiable interference with freedom of expression — European Convention on Human Rights, 1950, Article 10 — Applicability — Scope of — Whether injunction “prescribed by law” — Legitimate aim — Whether “necessary in a democratic society” — Balancing of competing interests

International tribunals — Procedure — European Court of Human Rights — Respondent State objecting to issue conceded before European Commission of Human Rights — Estoppel

Damages — Human rights violation — Compensation for breach of treaty obligation — Partial friendly settlement between respondent State and applicant of claims for pecuniary damage — Whether “equitable” — Non-pecuniary damage — Whether finding of violation sufficient remedy — European Convention on Human Rights, 1950, Article 50

Type
Case Report
Copyright
© Cambridge University Press 1990

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