WORM v AUSTRIA - 22714/93 [1995] ECHR 99 (27 November 1995)

WORM v AUSTRIA - 22714/93 [1995] ECHR 99 (27 November 1995)

The Court held that the applicant's conviction was not necessary in a democratic society and thus violated Article 10, as the interference with freedom of expression was not proportionate to the legitimate aim pursued.

Citation
[1995] ECHR 99
Parties
Applicant: Worm; Respondent: Austria
Jurisdiction
European Union
Judgment Date
27 November 1995
Procedural Posture
Application / Final Judgment
Outcome
violation found
Legal Topics
Freedom of Expression, Fair Trial, Defamation
Human Rights Law Freedom of Expression Fair Trial Defamation

Case Brief

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Parties

Worm

Applicant

Austria

Respondent

Procedural Posture

Application / Final Judgment

Legal Issues

  1. 1 Whether the applicant's conviction for comments made during pending criminal proceedings violated Article 10 of the European Convention on Human Rights

Ratio Decidendi

The Court held that the applicant's conviction was not necessary in a democratic society and thus violated Article 10, as the interference with freedom of expression was not proportionate to the legitimate aim pursued.

Court Disposition

violation found

Orders

  • Austria to pay just satisfaction to the applicant