16 LINGENS v. AUSTRIA JUGDMENT inter alia, the Zimmermann and Steiner judgment of 13 July 1983, Series A no. 66, p. 13, para. 32). 47. From the various foregoing considerations it appears that the interference with Mr. Lingens’ exercise of the freedom of expression was not "necessary in a democratic society ... for the protection of the reputation ... of others"; it was disproportionate to the legitimate aim pursued. There was accordingly a breach of Article 10 (art. 10) of the Convention. II. THE APPLICATION OF ARTICLE 50 (art. 50) 48. Under Article 50 (art. 50) of the Convention, "If the Court finds that a decision or a measure taken by a legal authority or any other authority of a High Contracting Party is completely or partially in conflict with the obligations arising from the ... Convention, and if the internal law of the said Party allows only partial reparation to be made for the consequences of this decision or measure, the decision of the Court shall, if necessary, afford just satisfaction to the injured party." 49. In a letter received at the registry on 18 November 1985 the applicant sought just satisfaction in pecuniary form. At the hearings on 25 November the Government, while disputing that there had been a breach, agreed to certain items of the claim but sought further particulars in respect of others. Mr. Lingens provided these on 6 December 1985 and 17 March 1986, and the Government commented on them on 18 March. The Commission submitted its comments on 22 April 1986. The question is accordingly ready for decision (Rule 53 para. 1 of the Rules of Court). 50. The applicant claimed firstly repayment of the 15,000 Schillings fine and of the 30,600 Schillings costs awarded against him by the Vienna Court of Appeal (see paragraph 27 above). He is indeed entitled to recover these sums by reason of their direct link with the decision the Court has held to be contrary to the freedom of expression (see, mutatis mutandis, the Minelli judgment of 25 March 1983, Series A no. 62, p. 21, para. 47). The Government moreover did not dispute this. 51. With regard to the expenditure incurred as a result of the accessory penalty of having to publish the judgment in the magazine Profil (see paragraph 30 above, taken together with paragraph 21), the applicant claimed 40,860 Schillings on the basis of the scale in force at the time. The Government contended that this amount included, firstly, a loss of profit and, secondly, actual financial outlay; they claimed that only the latter should be taken into account for the purposes of Article 50 (art. 50). The Court cannot speculate on the amount of profit Mr. Lingens might have derived from any paying advertisements that might hypothetically have been put in the magazine in place of the judgment of 29 October 1981. But it does not rule out that the applicant may thereby have suffered some

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