Communicated on 8 July 2019
FOURTH SECTION
Application no. 79039/16
Anda-Marina PETROVICI
against Romania
lodged on 9 December 2016
SUBJECT MATTER OF THE CASE
The application concerns mainly the dismissal by a final judgment of 9 June 2016, delivered by the Bucharest Court of Appeal, of a general tort law action brought by the applicant against several private individuals and the Democratic Trade Union seeking non-pecuniary damages for an alleged defamatory petition and defamatory statements concerning her which were disseminated in public, in the press and/or on the internet site of the trade union between September and December 2009. Relying expressly on Article 10 and in substance on Article 8 of the Convention, the applicant, who was the first violinist of the “George Enescu” Philharmonic in Bucharest, complained about a breach of her right to honour and reputation because she was unable to obtain compensation for the non-pecuniary damage suffered by her.
QUESTIONS TO THE PARTIES
1. Has there been an interference with the applicant’s right to private life within the meaning of Article 8 § 1 of the Convention having regard to the content of the statements and petition disseminated in public, in the press and/or on the internet site of the Democratic Trade Union between September and December 2009 (see Petrie c. Italy, no. 25322/12, § 39, 18 May 2017, Axel Springer AG v. Germany [GC], no. 39954/08, § 83, 7 February 2012, and Pfeifer c. Austria, no. 12556/03, § 35, 15 November 2007)?
2. If so, was that interference justified under Article 8 § 2 of the Convention? In particular, did the domestic judicial authorities adequately put in balance, in the light of the criteria established in the Court’s case-law, the applicant’s right for respect for private life and the defendants’ right to freedom of expression (see Petrie, cited above, § 40, Von Hannover v. Germany (no. 2) [GC], nos. 40660/08 and 60641/08, §§ 108-13, ECHR 2012, and Axel Springer AG, cited above, §§ 89-95)?
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