Ernst and others v Belgium - 33400/96 [2010] ECHR 938 (3 June 2010)

Ernst and others v Belgium - 33400/96 [2010] ECHR 938 (3 June 2010)

The searches were disproportionate to the legitimate aims pursued, inadequately justified, and excessively broad, resulting in violations of Articles 8 and 10 of the Convention.

Citation
[2010] ECHR 938
Parties
Applicants: Ernst and others; Respondent: Belgium
Jurisdiction
European Union
Judgment Date
03 June 2010
Procedural Posture
Application to the European Court of Human Rights / Execution of Judgment; Post Final Judgment Compliance Review
Outcome
Case closed; Belgium complied with the judgment and adopted sufficient individual and general measures.
Legal Topics
Freedom of Expression, Right to Respect for Private and Family Life, Protection of Journalistic Sources, Search and Seizure
Human Rights Law Media Law Freedom of Expression Right to Respect for Private and Family Life Protection of Journalistic Sources Search and Seizure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Ernst and others

Applicants

Belgium

Respondent

Procedural Posture

Application to the European Court of Human Rights / Execution of Judgment; Post Final Judgment Compliance Review

Legal Issues

  1. 1 Whether searches of journalists' homes and offices violated Article 10 (freedom of expression) and Article 8 (right to respect for home and private life) of the European Convention on Human Rights

Ratio Decidendi

The searches were disproportionate to the legitimate aims pursued, inadequately justified, and excessively broad, resulting in violations of Articles 8 and 10 of the Convention.

Court Disposition

Case closed; Belgium complied with the judgment and adopted sufficient individual and general measures.

Orders

  • Payment of EUR 8,000 for non-pecuniary damage, EUR 9,000 for costs and expenses, totaling EUR 17,000 to applicants.
  • Return or waiver of seized objects and documents; no further individual measures required.