ANNEN v. GERMANY – JUDGMENT
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22. On 17 March 2008 the applicant lodged a constitutional complaint
against the judgments of the Ulm Regional Court, of the Stuttgart Court of
Appeal and against the decision of the Federal Court of Justice. He
complained, in particular, that the impugned decisions violated his right to
freedom of expression.
23. On 2 July 2009 the Federal Constitutional Court, sitting as a
Committee of three judges, refused to admit the applicant’s complaint for
adjudication for being inadmissible, without providing reasons
(no. 1 BvR 671/08). This decision was served on the applicant’s counsel on
18 July 2009.
B. Further developments
24. On 8 June 2010 the Federal Constitutional Court, sitting as a
Committee of three judges, granted a further constitutional complaint of the
applicant dealing with another set of proceedings before the Munich
Regional Court and the Munich Court of Appeal (no. 1 BvR 1745/06). In
this set of proceedings the courts had granted a civil injunction against the
applicant, as the Ulm Regional Court and the Stuttgart Court of Appeal had
done in the present case. They had ordered him, inter alia, to desist from
disseminating leaflets similar to the ones now in dispute in the immediate
vicinity of another gynaecological practice and to desist from publishing on
his webpage the information that the doctor in question had performed or
assisted in “unlawful” abortions.
25. The Federal Constitutional Court held that the civil injunction had
violated the applicant’s right to freedom of expression as provided in
Article 5 § 1 of the German Basic Law (Grundgesetz) because the civil
courts had not sufficiently taken into account that the doctor, who had
himself publicly announced on the Internet that he performed abortions in
his gynaecological practice, had not been confronted with an extensive loss
of social reputation as a result of the applicant’s activities. Furthermore, it
underlined that the applicant had only blamed the doctor for having carried
out allegedly immoral acts, but had not reproached him for having
committed acts which were subject to criminal liability or forbidden by law
in a wider sense. The Federal Constitutional Court moreover insisted on the
fact that the applicant had contributed to a highly controversial debate of
public interest and pointed out that, against the factual background of that
case, the courts had not sufficiently clarified why and to what extent the
special relationship between the doctor and women searching for
counselling and medical treatment in the practice might have been
jeopardised.