DE GEILLUSTREERDE PERS N.V. AGAINST THE NETHERLANDS

Doc ref: 5178/71 • ECHR ID: 001-49221

Document date: February 17, 1977

Doc ref: 5178/71 • ECHR ID: 001-49221

Document date: February 17, 1977

Cited paragraphs only

The Committee of Ministers,

Having regard to Article 32 (art. 32) of the Convention for the Protection

of Human Rights and Fundamental Freedoms (hereinafter referred to as

"the convention");

Having regard to the report drawn up by the European Commission of

Human Rights in accordance with Article 31 (art. 31) of the

convention, relating to the application lodged by De Geillustreerde

Pers N.V. against the Netherlands (No. 5178/71);

Whereas on 16 September 1976 the Commission transmitted the said

report to the Committee of Ministers and whereas the period of three

months provided for in Article 32.1 (art. 32-1) of the convention has

elapsed without the case having been brought before the European Court

of Human Rights, in pursuance of Article 48 (art. 48) of the

convention;

Whereas in its application lodged on 24 September 1971, the

applicant company allege that it is prevented by Dutch legislation

from publishing the complete radio and television programme data and

that it is discriminated against in so far as under the legislation

concerned the broadcasting organisations and some publishers are

allowed to publish complete programme information or at least

summaries thereof;

Whereas the Commission on 12 October 1973 declared the application

admissible and in its report adopted on 6 July 1976 considered that

the protection of the commercial interests of particular newspapers or

groups of newspapers was not contemplated by the terms of Article 10

(art. 10) of the convention and that the measures concerned could not

in any way be regarded as discriminating against the applicant

company;

Whereas in its report the Commission expressed the opinion that there

had not been a violation of Article 10 (art. 10) of the convention nor

of Article 14 in conjunction with Article 10 (art. 14+10) in the

present case;

Agreeing with the opinion expressed by the Commission in

accordance with Article 31.1 (art. 31-1) of the convention;

Voting in accordance with the provisions of Article 32.1 (art. 32-1)

of the convention,

Decides that in this case there was no violation of the Convention for

the Protection of Human Rights and Fundamental Freedoms.

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