CEDH · PRESS;GENERAL;ENG — 12 novembre 1999

.s3ABFC313 { font-size:10pt } .s598389F9 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:12pt } .s29100277 { font-family:Arial; font-weight:bold } .s2EF16B1D { width:35.4pt; display:inline-block } .sE32676A4 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-after:avoid; font-size:12pt } .sBB9EE52A { font-family:Arial } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s3173968A { margin-top:0pt; margin-bottom:0pt; text-indent:35.4pt; text-align:justify; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s85646119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:12pt } .sF9C0A319 { margin-top:0pt; margin-bottom:0pt; page-break-after:avoid; font-size:12pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s42A0AEC7 { margin-top:0pt; margin-bottom:0pt; text-align:justify; page-break-after:avoid; font-size:12pt } .s6A184BC2 { font-family:Arial; font-weight:normal } .s77692902 { margin-top:0pt; margin-bottom:0pt; text-indent:35.4pt; font-size:12pt } .sB9D5CABB { width:28.35pt; display:inline-block } EUROPEAN COURT OF HUMAN RIGHTS                       745                     12.11.1998     Press release issued by the Registrar   FIRST HEARING BEFORE THE NEW COURT   CASE OF FRESSOZ AND ROIRE v. FRANCE   12 November 1998 at 9.30 a.m.   On Thursday 12 November 1998, the New European Court of Human Rights is holding its first public hearing, in the case of Fressoz and Roire v. France (application no.   29183/95).   The applicants     The case concerns an application brought by two French nationals, Mr Roger Fressoz, who was born in 1921, and Mr Claude Roire, who was born in 1939. Mr Fressoz a retired journalist was formerly publication director of the weekly satirical magazine Le Canard enchainé . Mr Roire, also a journalist, works for Le Canard enchainé .   Summary of the facts     In September 1989, against the background of an industrial dispute in the Peugeot company following the rejection of pay claims by management, the Canard enchainé published an article by the second applicant referring to salary increases awarded to Mr Jacques Calvet, the company’s Chairman and Managing Director. The article, which was accompanied by photocopies of extracts from Mr Calvet’s last three tax assessments, carried the headline “Mr Calvet’s turbo-charged salary – his tax assessments are more talkative than he is. The boss gave himself a 45.9% increase over two years”.   Following a complaint by Mr Calvet, criminal proceedings were brought against the applicants for receiving photocopies that had been obtained through a breach of a duty of confidentiality by an unidentified tax official. After acquittal at first instance, on 10 March 1993 the Paris Court of Appeal convicted the applicants of receiving the photocopies. Mr   Fressoz was fined 10,000 francs and Mr   Roire 5,000 francs. Their appeal on points of law was dismissed by the Court of Cassation in April 1995.   Complaints     The applicants complain that their conviction infringed their right to freedom of expression guaranteed under Article 10 of the European Convention on Human Rights. They also allege a violation of their right to be presumed innocent on the ground that they had not been proved guilty according to law within the meaning of Article 6 § 2 of the Convention.   Procedure     The application was lodged with the European Commission of Human Rights on 3   August 1995. Having found the application admissible the Commission adopted a report on 13 January 1998 in which it expressed the opinion that there had been a violation of Article 10 of the Convention (21 votes to 11) and that no separate issue arose under Article 6 § 2 (18 votes to 14). It referred the case to the former Court on 16 March 1998. The French Government also brought the case before the Court.   Composition of the Court     Under the transitional provisions of Protocol No. 11 to the Convention the case was transmitted to the Grand Chamber of the new European Court of Human Rights on the entry into force of the Protocol on 1 November 1998. It will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber (Swiss, President ), Elizabeth Palm (Swedish, Vice-President ), Lucius Caflisch (Swiss), Jerzy Makarczyk (Polish), Jean-Paul Costa (French), Viera Strážnická (Slovakian), Willi Fuhrmann (Austrian), Karel Jungwiert (Czech), Marc Fischbach (Luxemburger), Nina Vajić (Croatian), Wilhelmina Thomassen (Dutch), Margarita Tsatsa-Nikolovska (The Former Yugoslav Republic of Macedonia), Tudor Pantiru (Moldavian), Rait Maruste (Estonian), Egils Levits (Latvian), Kristaq Traja (Albanian), Snejana Botoucharova (Bulgarian), Judges , Pranas Kūris (Lithuanian), András Baka (Hungarian), Hanne Sophie Greve (Norwegian), Substitute Judges ,   and also Mr Paul Mahoney , Deputy Registrar , and Mrs Maud. Buquicchio , Deputy Registrar.   Representatives of the parties   Government: Mr Jean-François Dobelle , Agent, Mr Bruno Nedelec , Mr Antoine Buchet and Mrs Carole Etienne   Applicant: Mrs Claire Waquet , Counsel.   Mr Roire will also attend the hearing.   The European Commission of Human Rights will be represented by Mr Jean-Claude Geus   assisted by Mrs Marie-Thérèse Schoepfer .     After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.     Subject to his duty of discretion, the Registrar is responsible under the Rules of Court for replying to requests for information concerning the work of the Court, and in particular to enquiries from the press.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contact: Mr Roderick LIDDELL Telephone: (0)3 88 41 24 92; fax: (0)3 88 41 27 91