Ollingerv Austria - 76900/01 [2010] ECHR 941 (3 June 2010)

Ollingerv Austria - 76900/01 [2010] ECHR 941 (3 June 2010)

The domestic authorities placed disproportionate emphasis on the need to protect other cemetery visitors from a limited risk of disturbance, resulting in unjustified interference with the applicant’s freedom of assembly in violation of Article 11 ECHR.

Citation
[2010] ECHR 941
Parties
Applicant: Öllinger; Respondent: Austria
Jurisdiction
European Union
Judgment Date
03 June 2010
Procedural Posture
Application to the European Court of Human Rights / Execution of Judgment and Supervision of Compliance
Outcome
Case closed; Austria complied with the judgment.
Legal Topics
Freedom of Assembly, Article 11 ECHR, State Obligations Under ECHR
Human Rights Law Freedom of Assembly Article 11 ECHR State Obligations Under ECHR

Case Brief

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Parties

Öllinger

Applicant

Austria

Respondent

Procedural Posture

Application to the European Court of Human Rights / Execution of Judgment and Supervision of Compliance

Legal Issues

  1. 1 Whether the refusal to authorise a public meeting constituted unjustified interference with the applicant’s freedom of peaceful assembly under Article 11 ECHR

Ratio Decidendi

The domestic authorities placed disproportionate emphasis on the need to protect other cemetery visitors from a limited risk of disturbance, resulting in unjustified interference with the applicant’s freedom of assembly in violation of Article 11 ECHR.

Court Disposition

Case closed; Austria complied with the judgment.

Orders

  • Austria paid the applicant EUR 5,878.88 for costs and expenses.
  • Austria published and disseminated the judgment to relevant authorities.