Communicated on 3 November 2016

FIFTH SECTION

Application no. 70693/11 Klaus Günter ANNEN against Germany lodged on 26 October 2011

SUBJECT MATTER OF THE CASE

The application concerns a civil injunction and an order to pay compensation. The applicant is a campaigner against the right to abortion. He operates an anti-abortion website which includes a list of “abortion doctors” whose full names and addresses are mentioned. The German courts prohibited the applicant from continuing labelling abortions such as those performed by a named doctor murder on his website. The applicant was further ordered to pay compensation for violation of the doctor ’ s personality rights .

QUESTIONS tO THE PARTIES

1. Has there been a violation of the applicant ’ s right to freedom of expression contrary to Article 10 of the Convention?

2. Should the present case be distinguished from the Court ’ s judgment Annen v. Germany , no. 3690/10, 26 November 2015 in view of the circumstance

- that the Karlsruhe Regional Court took it as a fact that the doctor was Jewish – whereas the question was immaterial in the Karlsruhe Court of Appel ’ s view – and

- that according to the Karlsruhe Regional Court the applicant considered it continuously appropriate during the first instance proceedings to compare abortions to the Holocaust?