BUGAN v. ROMANIA - 13824/06 - HEJUD [2013] ECHR 136 (12 February 2013)

BUGAN v. ROMANIA - 13824/06 - HEJUD [2013] ECHR 136 (12 February 2013)

The domestic courts failed to provide relevant and sufficient reasons for the interference with the applicant's right to freedom of expression, and the interference was disproportionate and not necessary in a democratic society within the meaning of Article 10 § 2 of the Convention.

Citation
[2013] ECHR 136
Parties
Applicant: Sorin Bugan; Respondent: Romanian Government
Jurisdiction
European Union
Judgment Date
12 February 2013
Procedural Posture
Application Under Article 34 ECHR / Judgment on Admissibility and Merits
Outcome
Violation of Article 10 of the Convention found; application admissible.
Legal Topics
Freedom of Expression, Defamation, Damages, Journalistic Freedom
Human Rights Law Civil Law Freedom of Expression Defamation Damages Journalistic Freedom

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Parties

Sorin Bugan

Applicant

Romanian Government

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Admissibility and Merits

Legal Issues

  1. 1 Whether the applicant's right to freedom of expression under Article 10 of the Convention was violated by the domestic court's order to pay damages for journalistic articles criticizing a public official.

Ratio Decidendi

The domestic courts failed to provide relevant and sufficient reasons for the interference with the applicant's right to freedom of expression, and the interference was disproportionate and not necessary in a democratic society within the meaning of Article 10 § 2 of the Convention.

Court Disposition

Violation of Article 10 of the Convention found; application admissible.

Orders

  • Respondent State to pay applicant EUR 16 in pecuniary damages.
  • Respondent State to pay applicant EUR 4,500 in non-pecuniary damages.