Information Note on the Court’s case-law No.
June 1994
Jacubowski v. Germany - 15088/89
Judgment 23.6.1994
Article 10
Article 10-1
Freedom of expression
Order restraining journalist from continuing to distribute a circular accompanying press cuttings critical of his former employer: violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
Interference with exercise of freedom of expression: resulted from injunction issued by Düsseldorf Court of Appeal — was prescribed by law — pursued a legitimate aim under the Convention, the protection of the reputation or rights of others.
Whether necessary in a democratic society: national courts had been unanimous in regarding applicant's course of action as an act of unfair competition in breach of "accepted moral standards" and in attaching less importance to the fact that he had been personally attacked in a press release issued by his former employer — interference not disproportionate, as applicant had retained right to voice his opinions and defend himself by any other means.
Conclusion: no violation (six votes to three).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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