ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT
41
applicant organisation’s freedom to impart information and ideas during the
election period and was not shown to achieve, in a proportionate manner,
the aim of running fair elections.
(e) Conclusion
134. The Court concludes that, in view of the regulatory framework, the
applicant organisation was restricted in its freedom to impart information
and ideas. By subjecting the expression of comments to the regulation of
“campaigning” and by prosecuting the applicant with reference to this
regulation, there was an interference with the applicant organisation’s
editorial choice to publish a text taking a critical stance and to impart
information and ideas on matters of public interest. No sufficiently
compelling reasons have been shown to justify the prosecution and
conviction of the applicant organisation for its publications at election time.
135. The Court concludes that there has been a violation of Article 10 of
the Convention.
II. APPLICATION OF ARTICLE 41 OF THE CONVENTION
136. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”
A. Damage
137. The applicant organisation claimed 10,000 euros (EUR) in respect
of pecuniary and non-pecuniary damage.
138. The Government contested the claim.
139. The Court considers that there is a sufficient causal link between
the violation found and the pecuniary damage alleged on account of the fine
paid by the applicant organisation in the amount of RUB 35,000.
140. As to non-pecuniary damage, the Court reiterates that there is a
possibility under Article 41 of the Convention that a commercial company
may be awarded monetary compensation for non-pecuniary damage (see
Comingersoll S.A. v. Portugal [GC], no. 35382/97, § 35, ECHR 2000-IV).
Non-pecuniary damage suffered by companies may include heads of claim
that are to a greater or lesser extent “objective” or “subjective”. Among
these, account should be taken of the company’s reputation, uncertainty in
decision-planning, disruption in the management of the company (for which
there is no precise method of calculating the consequences) and lastly, albeit
to a lesser degree, the anxiety and inconvenience caused to the members of