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GROPPERA RADIO AG AND OTHERS v. SWITZERLAND JUDGMENT
They did not maintain this complaint in the subsequent proceedings
before the Commission, however, nor did they pursue it before the Court;
there is no need for the Court to consider the issue of its own motion.
FOR THESE REASONS, THE COURT
1. Dismisses unanimously the Government’s preliminary objection;
2. Holds by sixteen votes to three that there has been no breach of Article 10
(art. 10);
3. Holds unanimously that there is no need to consider the case under
Article 13 (art. 13).
Done in English and in French, and delivered at a public hearing in the
Human Rights Building, Strasbourg, on 28 March 1990.
Rolv RYSSDAL
President
Marc-André EISSEN
Registrar
In accordance with Article 51 § 2 (art. 51-2) of the Convention and Rule
52 § 2 of the Rules of Court, the following separate opinions are annexed to
this judgment:
(a) concurring opinion of Judge Matscher; (b) concurring opinion of
Judge Pinheiro Farinha; (c) dissenting opinion of Judge Pettiti; (d)
dissenting opinion of Judge Bernhardt; (e) dissenting opinion of Judge De
Meyer; (f) concurring opinion of Judge Valticos.
R.R.
M.-A.E.