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GROPPERA RADIO AG AND OTHERS v. SWITZERLAND JUDGMENT
1 and Article 47 (art. 32-1, art. 47) of the Convention for the Protection of
Human Rights and Fundamental Freedoms ("the Convention"). It originated
in an application (no. 10890/84) against Switzerland lodged with the
Commission under Article 25 (art. 25) by a limited company incorporated
under Swiss law, Groppera Radio AG, and three Swiss citizens, Mr Jürg
Marquard, Mr Hans-Elias Fröhlich and Mr Marcel Caluzzi, on 9 February
1984.
The Commission’s request referred to Articles 44 and 48 (art. 44, art. 48)
of the Convention and to the declaration whereby Switzerland recognised
the compulsory jurisdiction of the Court (Article 46) (art. 46); the
Government’s application referred to Articles 45, 47 and 48 (art. 45, art. 47,
art. 48). The object of the request and of the application was to obtain a
decision as to whether the facts of the case disclosed a breach by the
respondent State of its obligations under Articles 10 and 13 (art. 10, art. 13).
2. In response to the enquiry made in accordance with Rule 33 § 3 (d)
of the Rules of Court, the applicants stated that they wished to take part in
the proceedings and designated the lawyer who would represent them (Rule
30).
3.
The Chamber to be constituted included ex officio Mrs D.
Bindschedler-Robert, the elected judge of Swiss nationality (Article 43 of
the Convention) (art. 43), and Mr R. Ryssdal, the President of the Court
(Rule 21 § 3 (b)). On 24 November 1988, in the presence of the Registrar,
the President drew by lot the names of the other five members, namely Mr
F. Gölcüklü, Mr F. Matscher, Mr L.-E. Pettiti, Mr J. De Meyer and Mrs E.
Palm (Article 43 in fine of the Convention and Rule 21 § 4) (art. 43).
4. Mr Ryssdal assumed the office of President of the Chamber (Rule 21
§ 5) and, through the Registrar, consulted the Agent of the Government, the
Delegate of the Commission and the lawyer for the applicants on the need
for a written procedure (Rule 37 § 1). In accordance with the President’s
Order and instructions, the Registrar received the applicants’ memorial on 8
May 1989 and the Government’s memorial on 30 May. On 21 July the
Secretary to the Commission informed the Registrar that the Delegate
would submit his observations at the hearing.
5.
Having consulted, through the Registrar, those who would be
appearing before the Court, the President directed on 15 June that the oral
proceedings should open on 21 November 1989 (Rule 38).
6. On 20 June the Chamber decided to relinquish jurisdiction forthwith
in favour of the plenary Court (Rule 50).
7. On 26 September the Commission’s secretariat filed documents at the
registry concerning the proceedings before the Commission.
8. The hearing took place in public in the Human Rights Building,
Strasbourg, on the appointed day. The Court had held a preparatory meeting
immediately beforehand.
There appeared before the Court: