Lepojic and Filipovic v Serbia - 13909/05 [2009] ECHR 2241 (3 December 2009)

Lepojic and Filipovic v Serbia - 13909/05 [2009] ECHR 2241 (3 December 2009)

The interference with the applicants' freedom of expression was not necessary in a democratic society, as their statements were not gratuitous personal attacks and concerned matters of public interest; the criminal and civil sanctions imposed were disproportionate.

Source-derived case information.

Citation
[2009] ECHR 2241
Parties
Applicant: Lepojić; Applicant: Filipović; Respondent: Serbia
Jurisdiction
European Union
Judgment Date
03 December 2009
Procedural Posture
Application to the European Court of Human Rights / Execution of Judgment and Supervision by Committee of Ministers
Outcome
Supervision of execution closed; Serbia found to have complied with obligations under Article 46(1) ECHR.
Legal Topics
Freedom of Expression, Defamation, Insult, Damages, Article 10 ECHR
Human Rights Law Criminal Law Civil Law Freedom of Expression Defamation Insult Damages Article 10 ECHR

Source-derived case record

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 2
Sign in to unlock

Parties

Lepojić

Applicant

Filipović

Applicant

Serbia

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicants' convictions for defamation or insult and subsequent civil damages constituted unjustified interference with freedom of expression under Article 10 ECHR

Ratio Decidendi

The interference with the applicants' freedom of expression was not necessary in a democratic society, as their statements were not gratuitous personal attacks and concerned matters of public interest; the criminal and civil sanctions imposed were disproportionate.

Court Disposition

Supervision of execution closed; Serbia found to have complied with obligations under Article 46(1) ECHR.

Orders

  • Payment of EUR 3,250 to Lepojić for pecuniary and non-pecuniary damages and costs.
  • Deletion of Lepojić's conditional conviction from criminal record.