22
RUBINS v. LATVIA JUDGMENT
regard (see paragraph 10 above), the national court did not assess the
language used therein. Moreover, as the Court has already noted (see
paragraph 84 above), neither in the impugned email nor in the subsequent
publication did the applicant divulge any private information damaging to
the honour and dignity of his colleagues or his employer in general.
(iv) Severity of the measure
92. Lastly, the Government submitted that the applicant’s career had not
been affected and that therefore the measure – his dismissal – could not be
considered as severe. The Court notes that this was the harshest sanction
available and, disregarding the fact that the applicant took up a post in
another university soon afterwards, was liable to have a serious chilling
effect on other employees of the University and to discourage them from
raising criticism (see Palomo Sánchez and Others, cited above, § 75). The
Court finds that it is difficult to justify the application of such a severe
sanction.
(c) Conclusion
93. In the light of the above the Court dismisses the Government’s
preliminary objection as to the incompatibility ratione personae of the
application and finds that the reasons relied on by the domestic courts,
although relevant, are not sufficient to show that the interference with the
applicant’s right to freedom of expression was proportionate to the
legitimate aim pursued and, accordingly, was “necessary in a democratic
society”. The Court concludes that there has been a violation of Article 10
of the Convention.
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
94. 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
95. The applicant claimed 58,703.50 euros (EUR) in respect of
pecuniary damage and EUR 100,000 in respect of non-pecuniary damage.
96. The Government contested the claim and argued that the applicant’s
claims were speculative and excessive.
97. The Court considers that the applicant must have suffered pecuniary
and non-pecuniary damage as a result of his dismissal. Making its
assessment on an equitable basis, it awards him EUR 8,000.
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