ECHR Judgment (Merits and just satisfaction) Preliminary objection rejected (abuse of process); Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Violation of Art. 25-1; Violation of P1-1; No violation of Art. 14; No violation of Art. 18; Not necessary to examine Art. 3; Not necessary to examine Art. 5; Not necessary to examine Art. 6-1; Not necessary to examine Art. 13; Pecuniary damage – reserved; Non-pecuniary damage – reserved; Costs and expenses award – Convention proceedings
In assessing whether domestic remedies have been exhausted, account should be taken not only of the formal remedies available in the legal system concerned but also of the particular circumstances of the case in question.
Citations:
[1996] ECHR 35, 21893/93
Links:
Worldlii, Worldlii, Bailii, Bailii
Cited by:
Cited – Financial Times Ltd and Others v The United Kingdom ECHR 15-Dec-2009
The claimants said that an order that they deliver up documents leaked to them regarding a possible takeover violated their right to freedom of expression. They complained that such disclosure might lead to the identification of journalistic . .
See Also – Akdivar And Others v Turkey ECHR 1-Apr-1998
Hudoc Judgment (Just satisfaction) Claim that an agreement has been reached rejected; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings . .
Cited – Gillberg v Sweden ECHR 2-Nov-2010
The applicant, professor in adolescent psychiatry had collected assorted data after having given undertakings to the parents of the children as to its absolute privacy. A sociologist had applied for and been given authority for its release by the . .
Cited – Gillberg v Sweden ECHR 3-Apr-2012
(Grand Chamber) The applicant, a consultant psychiatrist, had conducted research with children under undertakings of absolute privacy. Several years later a researcher, for proper reasons, obtained court orders for the disclosure of the data under . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 04 June 2022; Ref: scu.165432
