GRA STIFTUNG GEGEN RASSISMUS UND
ANTISEMITISMUS v. SWITZERLAND JUDGMENT
21
(ε) Conclusion
79. In the light of all of the above-mentioned considerations, the Court
considers that the arguments advanced by the Government with regard to
the protection of B.K.’s personality rights, although relevant, cannot be
regarded as sufficient to justify the interference at issue. In reviewing the
circumstances submitted for their assessment, the domestic courts did not
give due consideration to the principles and criteria laid down by the
Court’s case-law for balancing the right to respect for private life and the
right to freedom of expression (see paragraphs 55 and 56 above). They thus
exceeded the margin of appreciation afforded to them and failed to strike a
reasonable balance of proportionality between the measures restricting the
applicant organisation’s right to freedom of expression and the legitimate
aim pursued.
80. There has accordingly been a violation of Article 10 of the
Convention.
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
81. 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
82. The applicant organisation claimed 5,000 euros (EUR) in respect of
non-pecuniary damage.
83. The Government considered this claim excessive and submitted that
the mere finding of a violation would suffice to cover any non-pecuniary
damage suffered by the applicant.
84. In view of the violation found, the Court awards the applicant the
amount requested in full.
B. Costs and expenses
85. The applicant organisation also claimed CHF 29,943.60
(approximately EUR 26,174.85) for costs and expenses, including legal
representation, incurred before the domestic courts, and CHF 15,261.70
(approximately EUR 13,340.84) for costs and expenses incurred before the
Court. The latter sum corresponds to approximately 47 hours of legal work
billable by its lawyer at an hourly rate of CHF 300 plus postal and copying
costs and tax.
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