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[See paragraph 40 of the judgment and points 3 and 4 of the operative provisions.] B. Huvig case The applicants had asked the Commission to award them "just compensation", but before the Court they had not sought either compensation or reimbursement of costs and expenses. As these were not matters which the Court had to examine of its own motion, it found that it was unnecessary to apply Article 50 in this case. [See paragraphs 37-38 of the judgment and point 2 of the operative provisions.] *** In accordance with the Convention, the judgments were delivered by a Chamber composed of seven judges, namely Mr R. Ryssdal (Norwegian), President , Mrs D. Bindschedler-Robert (Swiss), Mr F. Gölcüklü (Turkish), Mr F. Matscher (Austrian), Mr L.-E. Pettiti (French), Mr B. Walsh (Irish) and Sir Vincent Evans (British), and also of Mr M.-A. Eissen, Registrar, and Mr H. Petzold, Deputy Registrar. *** For further information, reference should be made to the text of the judgments, which are available on request and will be published shortly as volume 176 of Series A of the Publications of the Court (obtainable from Carl Heymanns Verlag KG, Luxemburger Strasse 449, D - 5000 Köln 41). Subject to his duty of discretion, the Registrar is responsible under the Rules of Court for replying to requests for information concerning the work of the Court, and in particular to enquiries from the press. Article 8 *** A P P E N D I X Convention Articles referred to in the release 1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. Article 50 If the Court finds that a decision or a measure taken by a legal authority or any other authority of a High Contracting Party is completely or partially in conflict with the obligations arising from the ... convention, and if the internal law of the said Party allows only partial reparation to be made for the consequences of this decision or measure, the decision of the Court shall, if necessary, afford just satisfaction to the injured party. 36
6. B. v. France, judgment of 25 March 1992, application no. 13343/87. (Violation of Article 8 of the Convention). Refusal of rectifying civil status data about a person further to her change of gender […] AS TO THE FACTS COURT (PLENARY) CASE OF B. v. FRANCE (Application no. 13343/87) JUDGMENT STRASBOURG 25 March 1992 I. THE PARTICULAR CIRCUMSTANCES OF THE CASE 9. The applicant, who is a French citizen, was born in 1935 at Sidi Bel Abbès, Algeria, and was registered with the civil status registrar as of male sex, with the forenames Norbert Antoine. A. The background to the case 10. Miss B., the eldest of five children, adopted female behaviour from a very early age. She was considered as a girl by her brothers and sisters and is said to have had difficulty coping with a wholly segregated scholastic environment. She completed her military service in Algeria, as a man, and her behaviour at the time was noticeably homosexual. After spending five years teaching reading and writing to young persons from Kabylia, she left Algeria in 1963 and settled in Paris, working in a cabaret under an assumed name. 11. Distressed by her feminine character, she suffered from attacks of nervous depression until 1967, when she was treated in hospital for a month. The doctor who treated her from 1963 observed a hypotrophy of the male genital organs and prescribed feminising hormone therapy, which rapidly brought about development of the breasts and feminisation of her appearance. The applicant adopted female dress from then on. She underwent a surgical operation in Morocco in 1972, consisting of the removal of the external genital organs and the creation of a vaginal cavity (see paragraph 18 below). 12. Miss B. is now living with a man whom she met shortly before her operation and whom she at once informed of her situation. She is no longer working on the stage, and is said to have been unable to find employment because of the hostile reactions she aroused. B. The proceedings brought by the applicant 1. Before the Libourne tribunal de grande instance 37
Page 1: DP (2006) CASE LAW CASE LAW OF THE
Page 4 and 5: 12. Murray v. The United Kingdom, j
Page 6 and 7: statements made by an MP subsequent
Page 9: JUDGMENTS OF THE EUROPEAN COURT OF
Page 12 and 13: home and correspondence) and Articl
Page 14 and 15: - the lack of notification of surve
Page 16 and 17: 2. Malone v. The United Kingdom, ju
Page 18 and 19: [see paragraphs 63 and 85 of the ju
Page 20 and 21: This finding removed the need for t
Page 22 and 23: 3. Leander v. Sweden, judgment of 2
Page 24 and 25: public authorities are empowered to
Page 26 and 27: For further information, reference
Page 28 and 29: B. Proceedings before the Commissio
Page 30 and 31: D. Application of Article 50 1. Pec
Page 32 and 33: 5. Kruslin v. France, judgment of 2
Page 34 and 35: The Court pointed out, firstly, tha
Page 38 and 39: 13. Miss B., wishing to marry her f
Page 40 and 41: II. THE MERITS A. Alleged violation
Page 42 and 43: 50. In the Government’s opinion,
Page 44 and 45: (b) Documents 59. (a) The applicant
Page 47 and 48: 7. Lüdi v. Switzerland, judgment o
Page 49 and 50: een aware of. Moreover, the applica
Page 51 and 52: 8. Niemietz v. Germany, judgment of
Page 53 and 54: 2. In the Court's opinion, the inte
Page 55 and 56: 9. Funke v. France judgment of 25 F
Page 57 and 58: B. Proceedings before the European
Page 59 and 60: 1. "In accordance with the law” T
Page 61 and 62: Matscher (Austrian) , Mr L.E. Petti
Page 63 and 64: 10. Hoffmann v. Austria, judgment o
Page 65 and 66: The Court therefore accepted that t
Page 67 and 68: Article 50 "If the Court finds that
Page 69 and 70: B. Proceedings before the European
Page 71 and 72: In accordance with the Convention,
Page 73 and 74: 3. Mrs Murray was arrested by the A
Page 75 and 76: 4. The level of "suspicion" require
Page 77 and 78: arrest and detention of persons sus
Page 79 and 80: 13. Z. v. Finland, judgment of 25 F
Page 81 and 82: the Court have jurisdiction to ente
Page 83 and 84: (iii) Duration of the confidentiali
Page 85 and 86: 14. Halford v. The United Kingdom,
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2. The office telephones: (i) exist
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15. Anne-Marie Andersson v. Sweden,
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Accordingly, it transpired from the
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In May 1992 the Social Insurance Of
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Accordingly, it appeared from the v
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Procedure Act (“the FCPA”) whic
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Secondly, tapping and other forms o
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18. Valenzuela Contreras v. Spain,
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exercise of his right to respect fo
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19. Lambert v. France, judgment of
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The second requirement which derive
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20. Fressoz and Roire v. France , j
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The Court had in particular to dete
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21. Lustig-Prean and Beckett v. The
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were not in question. Insofar as th
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public order aims pursued by the Go
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Matti Pellonpää (Finnish), Presid
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23. Amann v. Switzerland, judgment
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was the surveillance of persons sus
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24. Rotaru v. Romania, judgment of
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As to the Government’s submission
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25. Khan v. The United Kingdom, jud
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26. P.G. and J.H. v. The United Kin
Page 133 and 134:
evidence was heard by the judge alo
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27. Krone Verlag Gmbh & Co. KG v. A
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28. Mikulić v. Croatia, judgment o
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means enabling an independent autho
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30. Christine Goodwin v. the United
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Though the Court did not underestim
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31. M.G v. the United Kingdom, judg
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32. Taylor-Sabori v. the United Kin
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33. Allan v. the United Kingdom, ju
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34. A. v. the United Kingdom, judgm
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in the reporting of parliamentary p
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35. Peck v. the United Kingdom, jud
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The application was lodged with the
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36. Odièvre v. France (application
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child’s, and subsequently the adu
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37. Perry. v. the United Kingdom, j
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The Court noted that the photograph
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The main task of the Court was to a
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The Court noted that the matters co
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The applicant complained under Arti
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On 16 and 26 September 2003 the Pre
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43. Wisse v. France, judgment of 20
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44. Turek v. Slovakia , judgment of
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violation of his right to respect f
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Ms Segerstedt-Wiberg is the daughte
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that background, the Court found th
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the Security Police whether to advi
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parquet, au motif que la présentat
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41. Enfin, la Cour estime que les i
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interception of telecommunications
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egards the monitoring of individual
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5. the counterfeiting of money (Gel
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amended G 10 Act. The federal legis
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sentence, no notification was given
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Moreover, the first applicant had f
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80. Such interferences are justifie
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Law or arbitrariness in its applica
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106. The Court reiterates that when
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measures remained in force for a fa
Page 211 and 212:
applied and data be transmitted if
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(see above, paragraph74). She relie
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151. The Court observes that in the
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48. Panteleyenko v. Ukraine (no. 11
Page 219 and 220:
The Court also noted that the appli
Page 221:
The applicant complained about the
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