MORICE v. FRANCE JUDGMENT
51
proceedings (see paragraph 127 above). The Court observes, however, that
in the present case the applicant’s punishment was not confined to a
criminal conviction: the sanction imposed on him was not the “lightest
possible”, but was, on the contrary, of some significance, and his status as a
lawyer was even relied upon to justify greater severity.
3. Conclusion
177. In view of the foregoing, the Court finds that the judgment against
the applicant for complicity in defamation can be regarded as a
disproportionate interference with his right to freedom of expression, and
was not therefore “necessary in a democratic society” within the meaning of
Article 10 of the Convention.
178. Accordingly, there has been a violation of Article 10 of the
Convention.
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
179. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”
A. Damage
180. The applicant claimed 4,270 euros (EUR) in respect of pecuniary
damage, corresponding to the amounts he was ordered to pay on account of
the judgment against him, and EUR 20,000 in respect of non-pecuniary
damage on account of the violation of Articles 6 and 10 of the Convention.
181. The Government did not comment on those claims before the
Grand Chamber.
182. The Court observes that the applicant was ordered to pay a fine of
EUR 4,000, together with the sum of EUR 1,000 in respect of Judge M.’s
costs and expenses, in addition to an award of EUR 7,500 in damages to
each of the judges to be paid jointly with the other two co-defendants, and
EUR 4,000 in respect of Judge L.L.’s costs (see paragraph 46 above). It thus
takes the view that there is a sufficient causal link between the alleged
pecuniary damage and the violation found under Article 6 and, especially,
under Article 10 of the Convention. It is thus appropriate to order, under the
head of pecuniary damage, the reimbursement of the sums that the applicant
was required to pay, within the limit indicated in his claim, namely
EUR 4,270, which corresponds to the amount of the fine, plus taxes and
court courts, that was paid to the Treasury.
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