INFORMATION NOTE No. 30 on the case-law of the Court May 2001

(See Appendix I).
FREEDOM TO IMPART <strong>INFORMATION</strong>
Injunction preventing newspaper from publishing pictures of a person along with articles
in which allegations are made against him: admissible.
KRONE VERLAGS GmbH & CoKG -. Austria (N° 34315/96)
Decision 15.5.2001 [Section III]
The applicant company owns and publishes a newspaper. On several occasions, it
published articles on the financial situation of P. who was at the same time both a teacher
and a member of the European Parliament. The articles contained, inter alia, allegations
whereby he received a salary as a teacher although under domestic law he was not
entitled to it whilst being a member of the European Parliament. Photographs of P. were
added to the impugned articles. At P.’s request, the Regional Court issued an injunction
prohibiting the publication of his picture together with articles such as those that had been
published. The court found that the P.’s interest in having prohibited the publication of
his photograph outweighed the applicant company’s interest in the publication of articles
illustrated with his photograph. It held that the photographs had no specific information
value that could justify their publication. The appeal lodged by the applicant company
was dismissed and its appeal on points of law was declared inadmissible by the Supreme
Court.
Admissible under Article 10.
EFFECTIVE REMEDY
ARTICLE 13
Availability of effective remedies for Greek Cypriots in northern Cyprus: violation/no
violation.
CYPRUS - Turkey (Nº 25781/94)
Judgment 10.5.2001 [Grand Chamber]
(See Appendix I).