GROPPERA RADIO AG AND OTHERS v. SWITZERLAND JUDGMENT 14 caused to radio and television broadcasting stations in Switzerland and at the fact that a chaotic situation seems to have developed in the region which, to say the least, renders the existing international treaties nugatory. 3. In your letter of 8 August 1988 you informed the Board that an agreement had been reached with the Swiss authorities, but no practical measure seems to have been taken. Your Department has not yet replied to the Board’s letters of 3 April 1987, 21 August 1987 and 25 October 1988 and has not submitted any comments - as it was required to do under RR [Radio Regulations] 1444 - on the Board’s investigation pursuant to RR 1438 and RR 1442 into the harmful interference caused to the Swiss authorities’ radio and television broadcasting stations which was reported to you in the Board’s letter of 8 July 1988. ... 6. The Board wishes to draw your Department’s attention to the extremely serious situation currently prevailing. In particular: (I) The Board has concluded that the Italian authorities have failed to comply with the obligations which they freely undertook to fulfil in the International Telecommunication Convention, the Radio Regulations and the regional agreements. (II) More than a hundred Italian stations are currently causing persistent harmful interference to officially authorised stations in three neighbouring countries. (III) No means has been found of reducing this major interference, which continues to increase. (IV) There has been no specific reply to the Board’s letters. 7. In view of this situation, which has existed for several years now and has recently become alarmingly serious, the Board is bound to consider taking further measures with a view to overcoming the serious consequences for the authorities of France, Switzerland and Yugoslavia of the Italian authorities’ failure to fulfil their obligations. 8. Copies of this telefax are being sent to the authorities of France, Switzerland and Yugoslavia." The Board never received any reply from the Italian authorities. PROCEEDINGS BEFORE THE COMMISSION 43. In their application of 9 February 1984 to the Commission (no. 10890/84), Groppera Radio AG and Mr Marquard, Mr Fröhlich and Mr Caluzzi relied on Article 10 (art. 10) of the Convention. They contended that the ban on cable retransmission in Switzerland of their broadcasts from