Thomas ALBERTSSON v Sweden - 41102/07 [2010] ECHR 1216 (6 July 2010)
The statement by the government agent was made in the context of his official functions, related to the credibility of evidence, and did not exceed permissible limits; waiving immunity would prejudice the purpose of ensuring free and open communication in Court proceedings.
- Citation
- [2010] ECHR 1216
- Parties
- Applicant: Thomas Albertsson; Applicant: Carina Ahlström Förvaltning AB; Respondent: Sweden
- Jurisdiction
- European Union
- Judgment Date
- 06 July 2010
- Procedural Posture
- Application for Waiver of Immunity in ECHR Proceedings / Decision on Request for Waiver of Immunity
- Outcome
- request for waiver of immunity rejected
- Legal Topics
- Immunity of Representatives, Freedom of Speech in Court Proceedings, Waiver of Immunity, Article 5 European Agreement ETS 161
Case Brief
Summary, issues, holding and outcome
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Parties
Thomas Albertsson
Applicant
Carina Ahlström Förvaltning AB
Applicant
Sweden
Respondent
Procedural Posture
Application for Waiver of Immunity in ECHR Proceedings / Decision on Request for Waiver of Immunity
Legal Issues
- 1 Whether the immunity of a government agent before the European Court of Human Rights should be waived to allow prosecution for alleged slander
Ratio Decidendi
The statement by the government agent was made in the context of his official functions, related to the credibility of evidence, and did not exceed permissible limits; waiving immunity would prejudice the purpose of ensuring free and open communication in Court proceedings.
Court Disposition
request for waiver of immunity rejected
Orders
- Request for waiver of Mr Ehrenkrona's immunity is rejected.
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