CONCURRING OPINION OF JUDGE THÓR VILHJÁLMSSON

In this case, I have with certain hesitation joined my colleagues in finding a violation of Article 10 (art. 10) of the Convention. I have the following comment to make on the reasons set out in the judgment.

In the first sub-paragraph of paragraph 29, it is stated that the Vienna Court of Appeal found that Mr. Lingens had criticised Mr. Kreisky in his capacity both as a party leader and as a private individual (my underlining). Keeping this in mind, I find it difficult to agree with the last part of paragraph 38 of the judgment. I agree, though, with the other judges that it is Article 10 (art. 10) of the Convention that has to be interpreted and applied in the present case. This is to be done by taking the right to respect for private life, stated in Article 8 (art. 8), as one of the factors relevant to the question whether or not in this case the freedom of expression was subjected to restrictions and penalties that were necessary in a democratic society for the protection of the reputation of others. The text of paragraphs that follow paragraph 38 shows that this is in fact taken into account when the Court weighs the relevant considerations. As already stated, I agree with the conclusion stated in paragraph 47 and the operative provisions of the judgment.

[] Note by the Registrar: The case is numbered 12/1984/84/131. The second figure indicates the year in which the case was referred to the Court and the first figure its place on the list of cases referred in that year; the last two figures indicate, respectively, the case's order on the list of cases and of originating applications (to the Commission) referred to the Court since its creation.