issued by the Registrar of the Court
ECHR 071 (2018)
22.02.2018
Judgments and decisions of 22 February 2018
The European Court of Human Rights has today notified in writing 15 judgments1 and 18 decisions2:
two Chamber judgments are summarised below; a separate press release has been issued for one
other Chamber judgment in the case of Libert v. France (application no. 588/13);
a separate press release has also been issued for one decision, in the case of Shtolts and Others
v. Russia (nos. 77056/14, 17236/15, and 14023/16);
12 Committee judgments, concerning issues which have already been submitted to the Court, and
the 17 other decisions, can be consulted on Hudoc and do not appear in this press release.
The judgments in French below are indicated with an asterisk (*).
Alpha Doryforiki Tileorasi Anonymi Etairia v. Greece (application no. 72562/10)
The applicant company, Alpha Doryforiki Tileorasi Anonymi Etairia, is a limited liability company
based in Greece. It is the owner of the Greek television channel ALPHA.
The case concerned the company’s complaint about being fined for showing three secretly filmed
video-recordings of a politician on television.
The videos were first shown on a programme called Jungle in January 2002 and then again three
days later on another programme. They concerned a politician, A.C., who was on a parliamentary
committee on electronic gambling. The first video showed him entering a gambling arcade and
playing on two machines. The other videos showed him being confronted with the first film.
The National Radio and Television Council in May 2002 found that the use of the cameras had not
been in accordance with the law and fined the company 100,000 euros for each of the programmes.
It also ordered it to show the content of its decision on the main news programme for three days.
The applicant company’s lawyers argued during the Council’s hearing on the case that the use of the
cameras had been justified given A.C.’s position. They also said that filming in that way had been an
exception which had been made necessary by the fact that no one would have believed the
journalists’ allegations if the images had not been broadcast. The Supreme Administrative Court
upheld the penalty on the company in April 2010.
Relying on Article 10 (freedom of expression) and Article 6 § 1 (right to a fair hearing within a
reasonable time) of the European Convention on Human Rights, the company complained about the
penalties imposed on it and the length of the proceedings.
Violation of Article 10 – in respect of the first video
No violation of Article 10 – in respect of the second and third videos
Violation of Article 6 § 1 (length of proceedings)
1
Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a Chamber
judgment’s delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a
panel of five judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and
deliver a final judgment. If the referral request is refused, the Chamber judgment will become final on that day. Under Article 28 of the
Convention, judgments delivered by a Committee are final.
Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.
2
Inadmissibility and strike-out decisions are final.