ECtHR renders judgment in Fuchsmann v. Germany

On 19 October 2017, the European Court of Human Rights rendered its chamber judgment in the case of Fuchsmann v. Germany (application no. 71233/13). The Court of held, unanimously, that there had been no violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights.
The case concerned the German courts’ rejection of the request by an internationally active entrepreneur for an injunction against certain statements about him in an article published in the online edition of the New York Times.
The Court found that the German courts had struck a reasonable balance between the applicant’s right to respect for his private life under Article 8 and the newspaper’s right to freedom of expression guaranteed by Article 10 of the Convention. They had taken into consideration, in particular: that there had been a public interest in the alleged involvement of the applicant, a German businessman, in embezzlement and organised crime; that there had been a sufficient factual basis for the statements at issue; and that the article – which concerned mainly his professional life – was free from polemic statements and insinuations.

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