12
MAGYAR KÉTFARKÚ KUTYA PÁRT v. HUNGARY JUDGMENT
papers, which should have been addressed through a restriction on the use
of the mobile telephone application.
44. The Government’s second argument focused on the violation of the
principle of proper exercise of rights, laid down in section 2(1)(e) of the Act
on Electoral Procedure, which, in their submissions, would also entail a
violation of the rights of others. The Court is, however, not persuaded by
this suggestion. While it is true that the domestic authorities established that
the use of the ballot papers for any other purpose than casting a vote
infringed that provision, the Government have not convincingly established
any link between this principle of domestic law and the aims exhaustively
listed in paragraph 2 of Article 10.
45. It follows that the Court is unable to accept that the interference
complained of pursued any of the legitimate aims enumerated in
Article 10 § 2.
46. Where it has been shown that an interference did not pursue a
“legitimate aim”, it is not necessary to investigate whether it was “necessary
in a democratic society” (see, mutatis mutandis, Erményi v. Hungary,
no. 22254/14, § 38, 22 November 2016).
(iii) Conclusion
47. The foregoing considerations are sufficient to enable the Court to
conclude that the sanction imposed on the applicant political party for
operating the mobile telephone application in question did not meet the
requirements of Article 10 § 2 of the Convention.
48. There has therefore been a violation of Article 10 of the Convention.
II. APPLICATION OF ARTICLE 41 OF THE CONVENTION
49. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”
A. Damage
50. The applicant political party did not submit any claim in respect of
non-pecuniary damage. However, it claimed 100,000 Hungarian forints
(HUF – approximately 330 euros (EUR)) in respect of pecuniary damage.
This sum corresponded to the amount which it was ordered by the Kúria to
pay as a fine.
51. The Government considered that the applicant’s claim was
reasonable as to quantum.
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات