GROPPERA RADIO AG AND OTHERS v. SWITZERLAND JUDGMENT
16
village of Maur. Furthermore, challenging the Federal Council’s 1983
Ordinance would be tantamount to applying for a review of legislation in
the abstract, which was in principle outside the jurisdiction of the
Convention institutions. Nor could Mr Marquard, Mr Fröhlich and Mr
Caluzzi claim to be victims on the ground that they were listeners living in
the area covered by the co-operative, since they were not subscribers to its
cable network.
47. By "victim" Article 25 (art. 25) means the person directly affected
by the act or omission which is in issue, a violation being conceivable even
in the absence of any detriment; the latter is relevant only to the application
of Article 50 (art. 50) (see, in particular, the Johnston and Others judgment
of 18 December 1986, Series A no. 112, p. 21, § 42).
48. Like the Commission in its decision of 1 March 1988 on the
admissibility of the application, and for similar reasons, the Court does not
consider it necessary to examine whether the applicants can claim to have
been victims during the period from 1 January 1984 (entry into force of the
Federal Council’s Ordinance of 17 August 1983) to 21 March 1984 (date of
the order from the Zürich area telecommunications office of the PTT to the
co-operative) or during the period following 30 August 1984, when the
Pizzo Groppera station was damaged by lightning.
From 21 March to 30 August 1984, on the other hand, the applicants
were directly affected by the 1983 Ordinance and by the administrative
decisions of 21 March and 31 July 1984. Admittedly, these were not
formally directed at the applicants, who continued to broadcast over the air
freely, but their effects were fully felt by them. Since the co-operative was
prohibited from feeding Sound Radio’s programmes into its network, the
applicants lost an appreciable proportion of their usual audience - the
listeners living in areas where reception was poor or even impossible
because of the mountainous nature of the country.
49. Nor, in relation to Article 25 (art. 25), is there any ground for
distinguishing between the different applicants, despite obvious
dissimilarities of status or rôle and the fact that Groppera Radio AG alone
joined the co-operative’s appeal to the Federal Court. All had a direct
interest in the continued transmission of Sound Radio’s programmes by
cable: for the company and its sole shareholder and statutory representative,
it was essential to keep the station’s audience and therefore to maintain its
financing from advertising revenue; for the employees, it was a matter of
their job security as journalists.
50. Lastly, the Court cannot attach any importance to the fact that Mr
Marquard, Mr Fröhlich and Mr Caluzzi were not subscribers to the cooperative’s cable network. Before the Convention institutions they
complained of interference with their freedom to impart information and
ideas regardless of frontiers and not, other than in their observations of 29