Kita against Poland - 57659/00 [2011] ECHR 2144 (2 December 2011)

Kita against Poland - 57659/00 [2011] ECHR 2144 (2 December 2011)

The violation of Article 10 ECHR was remedied by payment of just satisfaction and legislative amendment repealing the provision allowing for damages under the Local Elections Act; no further individual measures were necessary.

Source-derived case information.

Citation
[2011] ECHR 2144
Parties
Applicant: Kita; Respondent: Poland
Jurisdiction
European Union
Judgment Date
02 December 2011
Procedural Posture
Application to the European Court of Human Rights / Execution of Judgment; Closure of Supervision by Committee of Ministers
Outcome
Supervision of execution closed; respondent state complied with obligations under Article 46 ECHR.
Legal Topics
Freedom of Expression, Article 10 ECHR, Execution of Judgments, Local Elections Act
Human Rights Law Constitutional Law Freedom of Expression Article 10 ECHR Execution of Judgments Local Elections Act

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Parties

Kita

Applicant

Poland

Respondent

Procedural Posture

Application to the European Court of Human Rights / Execution of Judgment; Closure of Supervision by Committee of Ministers

Legal Issues

  1. 1 Whether the applicant's right to freedom of expression under Article 10 ECHR was violated by domestic court decisions in summary proceedings under the Local Elections Act

Ratio Decidendi

The violation of Article 10 ECHR was remedied by payment of just satisfaction and legislative amendment repealing the provision allowing for damages under the Local Elections Act; no further individual measures were necessary.

Court Disposition

Supervision of execution closed; respondent state complied with obligations under Article 46 ECHR.

Orders

  • Payment of EUR 2,000 for non-pecuniary damage, EUR 2,150 for costs and expenses, totaling EUR 4,150, paid on 04/11/2008.
  • No further individual measures required.