CEDH · PRESS;GENERAL;ENG — 30 novembre 2000

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s94935B0F { width:389.85pt; display:inline-block } .sBB9EE52A { font-family:Arial } .s76CF415B { page-break-before:always; clear:both } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sD35C6159 { width:1.54pt; display:inline-block } .s38DD6A04 { width:18.2pt; display:inline-block } .sCB27B9E { width:16.66pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } EUROPEAN COURT OF HUMAN RIGHTS     863   30.11.2000   Press release issued by the Registrar   HEARING IN THE CASE OF THOMA v. LUXEMBOURG   Thursday 30 November 2000 at 9 a.m.   The applicant   The case concerns an application brought by a Luxembourg national, Marc Thoma, who was born in 1946 and lives in Luxembourg. He is a journalist.   Summary of the facts   Following a radio programme presented by the applicant on the theme of various practices adopted in Luxembourg in the context of the reafforestation work carried out after devastating storms in 1990, 63 civil servants employed by the Forestry Commission brought civil proceedings against him, alleging that he had made slanderous and insulting remarks about them.   In his defence the applicant submitted that he had merely quoted the statements of a journalist who had published an article in a newspaper on the day his programme was broadcast.   The Luxembourg courts ordered the applicant to pay one franc as token damages to each plaintiff and awarded costs against him, on the ground that by failing to distance himself from the statements quoted he had endorsed the views put forward in the article. He had thus led the public to believe, without proof and without any qualification, that all but one of the Forestry Commission officials were corruptible. In thus failing to discharge his obligation to inform the public honestly he had been guilty of a fault that made him liable under Articles 1382 and 1383 of the Civil Code to make reparation for the damage he had caused.   Complaint   The applicant complains that in giving judgment against him the Luxembourg courts infringed his right to freedom of expression, guaranteed by Article 10 of the European Convention on Human Rights.   Procedure   The application was lodged with the European Commission of Human Rights on 9 September 1997. Since 1 November 1998 it has been examined by the European Court of Human Rights. The application was declared admissible in part on 25 May 2000.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Christos Rozakis (Greek), President , Benedetto Conforti (Italian), Giovanni Bonello (Maltese), Françoise Tulkens (Belgian), Viera Strážnická (Slovakian), Peer Lorenzen (Danish), Margarita Tsatsa-Nikolovska (FYROMacedonia), judges , Andràs Baka (Hungarian), substitute judge,   and also Erik Fribergh , Section Registrar .   Representatives of the parties   Government:   Roger Nothar , Agent , André Clemang and Gérard Philipps , Counsel ;   Applicant:   Pol Urbany , Counsel .   Mr Thoma will also attend the hearing.   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.                 Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: (0)3 88 41 24 92)   Emma Hellyer (telephone: (0)3 90 21 42 15) Fax: (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court.