Communicated on 10 March 2016
FIFTH SECTION
Application no. 71233/13
Boris FUCHSMANN
against Germany
lodged on 13 November 2013
SUBJECT MATTER OF THE CASE
The application concerns the publication of a newspaper article on the webpage of the New York Times. In the article the German applicant was mentioned by name and, based on reports by the US Federal Bureau of Investigation and European law enforcement agencies, alleged ties of the applicant to Russian organised crime were publicised. The applicant brought a legal action to obtain an injunction order before the German courts. After declaring themselves internationally competent and German law applicable, the German courts dismissed the applicant’s request. The article is still accessible over the webpage of the New York Times.
QUESTION TO THE PARTIES
Has there been a violation of the applicant’s right to respect for his private life contrary to Article 8 of the Convention?
In particular, was mentioning the applicant by his full name justified by a sufficient public interest and was the article based on a sufficient factual basis?
Full & Egal Universal Law Academy