FRESSOZ AND ROIRE v. FRANCE JUDGMENT
16
Cassation and that the legal arguments made by the applicants' in that court
included a complaint connected with Article 10 of the Convention.
The applicants' complaint under Article 10 of the Convention was thus
raised, at least in substance, before the Court of Cassation. The
Government's objection of failure to exhaust domestic remedies must
therefore be dismissed.
B. The merits of the complaint
40. The applicants submitted that their conviction for handling
photocopies of tax returns obtained through a breach of professional
confidence by an unidentified tax official had infringed their right to
freedom of expression.
41. The applicants' conviction was an “interference” with the exercise of
their right to freedom of expression. Such interference breaches Article 10
unless it was “prescribed by law”, pursued one or more of the legitimate
aims referred to in paragraph 2 and was “necessary in a democratic society”
to attain such aim or aims.
1. “Prescribed by law”
42. Those appearing before the Court agreed that the interference was
“prescribed by law”, namely Article 460 of the former Criminal Code and
Article L. 103 of the Code of Tax Procedure. The Court shares that view.
2. Legitimate aims
43. According to the applicants, the Government and the Commission,
the interference was intended to protect the reputation or rights of others and
to prevent the disclosure of information received in confidence. The Court
sees no reason to conclude otherwise.
3. “Necessary in a democratic society”
44. The Court must therefore consider whether the interference was
“necessary” in a democratic society in order to achieve those aims.
(a) General principles
45. The Court reiterates the fundamental principles under its case-law
concerning Article 10.
(i) Freedom of expression constitutes one of the essential foundations of
a democratic society. Subject to paragraph 2 of Article 10, it is applicable
not only to “information” or “ideas” that are favourably received or
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