15
GROPPERA RADIO AG AND OTHERS v. SWITZERLAND JUDGMENT
Italy infringed their right to impart information and ideas regardless of
frontiers. They also claimed to be the victims of a breach of Article 13 (art.
13), for want of any remedy against a Federal Council Ordinance.
44. The Commission declared the application admissible on 1 March
1988. In its report of 13 October 1988 (made under Article 31) (art. 31), the
Commission found that there had been a breach of Article 10 (art. 10) (by
seven votes to six) but not of Article 13 (art. 13) (unanimously). The full
text of the Commission’s opinion and of the three separate opinions
contained in the report is reproduced as an annex to this judgment.
FINAL SUBMISSIONS TO THE COURT
45. At the hearing the Government confirmed the final submissions in
their memorial of 30 May 1989, in which they asked the Court to hold:
"primarily, that the applicants lack the status of victims and that consequently they
cannot claim a violation of the Convention;
in the alternative, that the restrictions on freedom of expression formed part of the
licensing system to which broadcasting enterprises may be subject in virtue of the
third sentence of Article 10 § 1 (art. 10-1) of the Convention;
in the further alternative, that the State interferences with the applicants’ freedom of
expression were justified under Article 10 § 2 (art. 10-2) of the Convention."
AS TO THE LAW
I. THE GOVERNMENT’S PRELIMINARY OBJECTION
46.
The Government submitted - as they had already done
unsuccessfully before the Commission - that the applicants were not
"victims" within the meaning of Article 25 § 1 (art. 25-1) of the Convention.
Only the community-antenna co-operative of Maur and the surrounding
district had suffered interference with the exercise of its freedom of
expression, namely the ban on cable transmission of programmes received
over the air from the Pizzo Groppera. Groppera Radio AG, the Government
claimed, had only an indirect legal interest, since at all events Sound Radio
could still broadcast over the air and cover the Zürich area, including the
Note by the Registrar. For practical reasons this annex will appear only with the printed
version of the judgment (volume 173 of Series A of the Publications of the Court), but a
copy of the Commission's report is obtainable from the registry.