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CASE OF RINGIER AXEL SPRINGER SLOVAKIA, A.S. v. SLOVAKIA (No. 3)PARTLY DISSENTING OPINION OF JUDGE S GYULUMYAN AND LÓPEZ GUERRA

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Document date: January 7, 2014

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CASE OF RINGIER AXEL SPRINGER SLOVAKIA, A.S. v. SLOVAKIA (No. 3)PARTLY DISSENTING OPINION OF JUDGE S GYULUMYAN AND LÓPEZ GUERRA

Doc ref:ECHR ID:

Document date: January 7, 2014

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PARTLY DISSENTING OPINION OF JUDGE S GYULUMYAN AND LÓPEZ GUERRA

We have voted with the majority in finding that there has been a violation of Article 10 of the Convention. However, we differ from the majority as to the award by way of just satisfaction under Article 41 of the Convention. We consider the sum awarded in respect of non-pecuniary damage to be clearly excessive.

There can be no doubt that the consistency of the Court ’ s case-law in awarding just satisfaction is also of particular importance, and compensation has a bearing on foreseeability for a Government. On the same day, the Court dealt with an identical issue in another case brought by the same applicant (no. 21666/09) and the award for non-pecuniary damage was considerably less than in the present case. We cannot identify any reasons for awarding more in this case.

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