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ŢULUŞ v. ROMANIA and 1 other application

Doc ref: 39685/16;50303/16 • ECHR ID: 001-198536

Document date: October 24, 2019

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ŢULUŞ v. ROMANIA and 1 other application

Doc ref: 39685/16;50303/16 • ECHR ID: 001-198536

Document date: October 24, 2019

Cited paragraphs only

Communicated on 24 October 2019

FOURTH SECTION

Applications nos. 39685/16 and 50303/16 Marin ŢULUŞ against Romania and Cristian ENE against Romania lodged on 25 August 2016 and 18 August 2016 respectively

SUBJECT MATTER OF THE CASE S

The applications originated in fines imposed on the applicants for contempt of court following oral or written submissions made before the courts in their capacity of legal representatives. By final interlocutory judgments of 25 March 2016 ( application no. 39685/16 ) and 15 December 2015 (available to the applicant on 7 March 2016 - application no. 50303/16 ), respectively, the Craiova and Bucharest Courts of Appeal dismissed the applicants ’ challenges against the fines. The applicants alleged that the fines imposed on them for the submissions made before the courts on behalf of their clients breached their right to freedom of expression guaranteed by Article 10 of the Convention.

QUESTION TO THE PARTIES

Has there been an interference with the applicants ’ right to freedom of expression, within the meaning of Article 10 § 1 of the Convention? If so, was that interference necessary in terms of Article 10 § 2 (see, amongst other authorities, Kyprianou v. Cyprus [GC], no. 73797/01 , ECHR 2005 ‑ XIII)?

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