ANNEN v. GERMANY – JUDGMENT 7 Indikation nach der Beratungsregelung vorgenommen werden, dürfen nicht für gerechtfertigt (nicht rechtswidrig) erklärt werden). However, abortions performed by a physician within twelve weeks after conception and following obligatory counselling are considered to be unlawful, but are exempt from criminal liability. 29. The relevant provisions of the German Civil Code read as follows: Section 823 “(1) A person who, intentionally or negligently, unlawfully injures the life, body, health, freedom, property or another right of another person, is liable to make compensation to the other party for the damage arising from this. ...” Section 1004 “(1) If the ownership is interfered with by means other than removal or retention of possession, the owner may require the disturber to remove the interference. If further interferences are to be feared, the owner may seek a prohibitory injunction. ...” 30. According to the case-law of the German civil courts, section 823 §§ 1 and 2 in conjunction with section 1004 (in analogous application) of the Civil Code grants any person whose personality rights concretely risk being violated by another person a claim to compel that other person to refrain from performing the impugned action. THE LAW I. ALLEGED VIOLATION OF ARTICLE 10 OF THE CONVENTION 31. The applicant complained that the civil injunction issued against him violated his right to freedom of expression as provided in Article 10 of the Convention, which, in so far as relevant, reads as follows: “1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers... 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society... for the protection of the reputation or rights of others, ...” 32. The Government contested that argument.