OOO MEMO v. RUSSIA JUDGMENT
and Morris, cited above, § 94) that would warrant legal protection. Nor could
it be said that its members were as “easily identifiable” as members of the
Water and Forestry Commission in Luxembourg (see Thoma, cited above,
§ 56) or members of the Fgura Local Council representing 12,000 inhabitants
(see paragraph 39 above) given the scale of its operations: in 2010 the
population of the Volgograd Region exceeded two and a half million. In any
event, the defamation case was brought on behalf of the legal entity as such,
not any of its individual members.
49. Accordingly, the Court finds that the civil defamation proceedings
instituted by the Administration of the Volgograd Region against the
applicant company did not pursue any of the legitimate aims enumerated in
paragraph 2 of Article 10 of the Convention. Where it has been shown that
the interference did not pursue a “legitimate aim”, it is not necessary to
investigate whether it was “necessary in a democratic society” (see Khuzhin
and Others v. Russia, no. 13470/02, § 117, 23 October 2008).
50. There has accordingly been a violation of Article 10 of the
Convention.
II. APPLICATION OF ARTICLE 41 OF THE CONVENTION
51. 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.”
52. The applicant company did not make any claims for just satisfaction.
Accordingly, the Court makes no award under Article 41 of the Convention.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
1. Declares the application admissible;
2. Holds that there has been a violation of Article 10 of the Convention.
Done in English, and notified in writing on 15 March 2022, pursuant to
Rule 77 §§ 2 and 3 of the Rules of Court.
Milan Blaško
Registrar
Georges Ravarani
President
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