ANNEN v. GERMANY – JUDGMENT 15 circumstances of the present case and also bearing in mind the judgment of the Federal Constitutional Court of 8 June 2010 (see paragraphs 24 and 25 above) dealing with almost identical questions, is convinced that the mere fact that the additional explanation had not been visually highlighted does not imply that a reasonable person with ordinary awareness would assume that the abortions were performed outside the legal conditions and were forbidden in a stricter sense of criminal liability. With regard to the impact of the additional explanation, the Court also reiterates that it was directly attached to the first part of the applicant’s statement and thus immediately accessible to the reader. Therefore, the facts of the present case have to be distinguished from those underlying the applicant’s prior applications which the Court found to be manifestly ill-founded (see Annen v. Germany (dec.), nos. 2373/07 and 2396/07, cited above, and Annen v. Germany (dec.), no. 55558/10, 12 February 2013). In these cases, the applicant had disseminated leaflets and carried a cardboard poster which had given information about “unlawful” abortions, however without any further legal explanation being directly accessible to the reader. 62. While the Court furthermore accepts the domestic courts’ position, according to which the applicant’s campaign had been directly aimed at the two doctors, it also notes that the applicant’s choice of presenting his arguments in a personalised manner, by disseminating leaflets indicating the doctors’ names and professional address in the immediate vicinity of the day clinic, enhanced the effectiveness of his campaign. The Court also points out that the applicant’s campaign contributed to a highly controversial debate of public interest. There can be no doubt as to the acute sensitivity of the moral and ethical issues raised by the question of abortion or as to the importance of the public interest at stake (see A, B and C v. Ireland [GC], no. 25579/05, § 233, ECHR 2010). Although the Government pointed out that the doctors, as a consequence of negative public attention, had closed the day clinic and had built up another professional practice, it is not clear from their allegations whether the applicant’s activities actually caused this development. In this respect, the Court further notes that the doctors did not lodge a claim for compensation with the civil courts due to the negative impact on their business. 63. As to the applicant’s reference to the Auschwitz concentration camps and the Holocaust, the Court reiterates that the impact an expression of opinion has on another person’s personality rights cannot be detached from the historical and social context in which the statement was made. The reference to the Holocaust must also be seen in the specific context of German history (see Hoffer and Annen v. Germany, nos. 397/07 and 2322/07, § 48, 13 January 2011, and PETA Deutschland v. Germany, no. 43481/09, § 49, 8 November 2012). However, given the very wording of the leaflet, the Court cannot agree with the domestic courts’ interpretation that the applicant had compared the doctors and their professional activities

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