CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 13 janvier 1997

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                          AS TO THE ADMISSIBILITY OF                         Application No. 26229/95                       by Józef GAW*DA                       against Poland           The European Commission of Human Rights sitting in private on 13 January 1997, the following members being present:              Mr.    S. TRECHSEL, President            Mrs.   J. LIDDY            MM.    E. BUSUTTIL                  G. JÖRUNDSSON                  A.S. GÖZÜBÜYÜK                  A. WEITZEL                  J.-C. SOYER                  H. DANELIUS                  F. MARTINEZ                  L. LOUCAIDES                  J.-C. GEUS                  M.A. NOWICKI                  I. CABRAL BARRETO                  B. CONFORTI                  N. BRATZA                  I. BÉKÉS                  J. MUCHA                  D. SVÁBY                  G. RESS                  A. PERENIC                  C. BÎRSAN                  P. LORENZEN                  K. HERNDL                  E. BIELIUNAS                  E.A. ALKEMA                  M. VILA AMIGÓ            Mrs.   M. HION              Mr.    M. de SALVIA, Deputy Secretary to the Commission         Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms;         Having regard to the application introduced on 30 January 1994 by Józef GAW*DA against Poland and registered on 17 January 1995 under file No. 26229/95;         Having regard to:   -      the reports provided for in Rule 47 of the Rules of Procedure of       the Commission;   -      the observations submitted by the respondent Government on       13 May 1996 and the observations in reply submitted by the       applicant on 18 June 1996;         Having deliberated;         Decides as follows:   THE FACTS         The applicant, a Polish citizen born in 1936, is an electrician, residing in K*ty, whose requests to register several periodicals were dismissed.         The facts of the case, as submitted by the parties, may be summarised as follows:     Particular circumstances of the case   a)     On 9 September 1993 the Bielsko-Biala Regional Court (S*d Wojewódzki) dismissed the applicant's request for registration of a title of a periodical "The Social and Political Monthly - A European Moral Tribunal" ("Miesi*cznik spoleczno-polityczny, europejski s*d moralny") to be published in K*ty.   The Court considered that in accordance with the Press Act and the Order of the Minister of Justice on Registration of Periodicals, the name of a periodical should be relevant to its contents.   The name as proposed by the applicant would suggest that an European institution had been established in K*ty, which was untrue and would be misleading to prospective buyers. Moreover, the title proposed by the applicant would be disproportionate to its actual importance and readership as it was hardly conceivable that a periodical of a European dimension could be published in K*ty.         On 17 December 1993 the Katowice Court of Appeal (S*d Apelacyjny) upheld this decision.   On 6 May 1994 the Minister of Justice refused to grant leave for an extraordinary appeal as the impugned decisions were in accordance with the law.   b)     On 17 February 1994 the Bielsko-Biala Regional Court dismissed the applicant's request for registration of a press title of a monthly "Germany - a Thousand year-old Enemy of Poland" ("Niemcy - Polski Wróg Tysi*clecia").   The Court noted that at a hearing on 17 February 1994 the applicant, when requested to change the proposed title so as to remove its negative character, refused to do so.   The Court considered that the registration of the periodical with the proposed title would be harmful to Polish-German reconciliation and detrimental to good cross-border relations.         The applicant appealed against this decision, submitting that the Court's decision was incomprehensible and amounted to straightforward censorship.         On 12 April 1994 the Katowice Court of Appeal upheld this decision.   The name, as proposed by the applicant, suggested that the proposed periodical would concentrate unduly on negative aspects of Polish-German relations and thus give an unbalanced picture of facts. The Court considered that the lower Court was justified in finding that the name would be detrimental to Polish-German reconciliation and to good relations between Poland and Germany and that the registration of a periodical with this title would infringe Article 5 of the Order of the Minister of Justice on Registration of Periodicals.   Relevant domestic law         Article 20 of the Press Act requires a registration of the press title by the Regional Court as a prerequisite for publication of a periodical.   A request for registration should contain the proposed title, address of the editor, name and other personal data concerning the editor-in-chief, name and address of the publishing house and how often the periodical shall be published.   The decision on registration is to be taken within thirty days of the date on which the request has been filed with the court.   The court shall refuse registration if the request does not contain the required data or if the proposed title would prejudice a right to protection of the title of any existing periodical.         Article 23 (a) of the Press Act authorises the Minister of Justice to issue an order to specify the manner in which the press register should be run.         Article 5 of the Order of the Minister of Justice on the register of periodicals provides that the Court shall refuse registration if the registration would not be in conformity with the regulations in force or with the real state of affairs ("S*d nie moze zarz*dzic wpisu do rejestru, jezeli wpis ten bylby niezgodny z obowi*zuj*cymi przepisami lub faktycznym stanem rzeczy").         Article 45 of the Press Act provides that a person who publishes a periodical without the required registration is liable to a fine.   COMPLAINT         The applicant complains under Article 10 of the Convention that the Polish courts refused to register two titles of periodicals which he wanted to publish.   PROCEEDINGS BEFORE THE COMMISSION         The application was introduced on 30 January 1994 and registered on 17 January 1995.         On 15 January 1996 the Commission decided to communicate the applicant's complaint concerning the refusal to register two periodicals to the respondent Government and to declare the remainder of the application inadmissible.         The Government's written observations were submitted on 13 May 1996, after an extension of the time-limit fixed for that purpose.   The applicant replied on 18 June 1996.   THE LAW         The applicant complains under Article 10 (Art. 10) the Convention that the Polish courts refused to register titles of two periodicals which he wanted to publish.           Article 10 (Art. 10) of the Convention, insofar as relevant, reads:         "1.   Everyone has the right to freedom of expression.   This       right shall include freedom to hold opinions and to receive and       impart information and ideas without interference by public       authority and regardless of frontiers.   This Article shall not       prevent States from requiring the licensing of broadcasting,       television or cinema enterprises.         2.    The exercise of these freedoms, since it carries with it       duties and responsibilities, may be subject to such formalities,       conditions, restrictions or penalties as are prescribed by law       and are necessary in a democratic society, in the interests of       national security, territorial integrity or public safety, for       the prevention of disorder or crime, for the protection of health       or morals, for the protection of the reputation or rights of       others, for preventing the disclosure of information received in       confidence, or for maintaining the authority and impartiality of       the judiciary."         The Government stress the importance of freedom of expression in a democratic society.   The limitations thereof contained in para. 2 of Article 10 (Art. 10) of the Convention are but exceptions from the general principle set out in para. 1.   The Government are fully aware that these exceptions must meet all the requirements set out in para. 2 of Article 10 (Art. 10-2) of the Convention.         The Government submit that the refusals to register the press titles in the present case comply with these requirements.         As regards the periodical "The Social and Political Monthly - A European Moral Tribunal", the Government submit that the courts dismissed the applicant's application for registration on the ground that the name as proposed by the applicant would suggest that an European institution had been established in K*ty, which was untrue and would be misleading to prospective buyers.   The courts considered that, according to Article 5 of the Order of the Minister of Justice on the Register of Periodicals, the name of a periodical cannot be registered if the registration would not be in conformity with regulations in force or with the real state of affairs.         With regard to the periodical "Germany - a Thousand year-old Enemy of Poland", the Government submit that the courts likewise considered that the registration would not correspond to the reality. The proposed title, in the courts' opinion, would be harmful to Polish- German reconciliation and detrimental to good cross-border relations.         The Government submit that both decisions were issued in conformity with the Polish law and that they did not infringe the applicant's freedom of expression guaranteed by Article 10 (Art. 10) of the Convention. They conclude that the application should be declared manifestly ill-founded.         The applicant contests this.   He submits that the Government has not indicated which of the legitimate purposes set out in para. 2 of Article 10 (Art. 10) of the Convention would justify the refusals to register the titles concerned.   The Government have not substantiated their statement that the refusals to register the press titles in the present case comply with the requirements of Article 10 (Art. 10).   The courts were wrong in considering that the title "The Social and Political Monthly - A European Moral Tribunal" would suggest that an institution of such name existed in K*ty.   It is obvious that the only meaning to be given to this title is that a periodical under this name is published there.   The Government has not shown how the title "Germany - a Thousand year-old Enemy of Poland" would be detrimental to the Polish-German relations.    Moreover, the authorities assumed that the content of this periodical would be limited only to the negative aspects of these relations.   This assumption was devoid of any factual basis and was arbitrary.   The applicant submits that the refusals were not "prescribed by law" and that they amounted to prior censorship, contrary to Article 10 (Art. 10) of the Convention.         The Commission considers that the applicant's above complaint raises serious issues of fact and law under Article 10 (Art. 10) of the Convention the determination of which should depend on an examination of the merits.   It follows that the application cannot be dismissed as manifestly ill-founded within the meaning of Article 27 para. 2 (Art. 27-2) of the Convention.   No other ground for declaring it inadmissible has been established.         For these reasons, the Commission, by a majority,         DECLARES ADMISSIBLE, without prejudging the merits, the       applicant's complaint that the courts' refusal to register two       titles of periodicals was in violation of his rights under       Article 10 (Art. 10) of the Convention.           M. de SALVIA                         S. TRECHSEL       Deputy Secretary                        President       to the Commission                   of the Commission