In the light of the foregoing considerations, the Court rejects the Government’s objection as to the applicant’s victim status and concludes that the State failed to secure the applicant’

In the light of the above, the Court does not consider that the applicants have failed to exhaust the domestic remedies and, therefore, the Government’s objection must be dismissed. 28.

Preliminary objection joined to merits and dismissed (victim);Violation of Art. 8;Non-pecuniary damage - award

Preliminary objection rejected (non-exhaustion);No violation of P7-4;No violation of Art. 6-1

Law : Preliminary objection (failure to exhaust domestic remedies) – Even at the merits stage and subject to Rule 55 of the Rules of Court, the Grand Chamber could reconsider a decision to declare an application

Preliminary objection joined to merits and dismissed (victim);Violation of Art. 8;Non-pecuniary damage - award

Preliminary objection rejected (non exhaustion);Violation of P1-1;Costs and expenses (Convention proceedings) - claim dismissed

Preliminary objection rejected (victim);No violation of Art. 6-1;Not necessary to examine Art. 8

did not find this persuasive: “It is settled case-law that the fundamental rights invoked by [the applicant company] are not absolute and their exercise may be subject to restrictions justified by objectives

For their part, the Government, which had not filed any preliminary objection pursuant to Rule 46 of the Rules of Court, stated at the hearing that they consented to the Court having jurisdiction in accordance

  Government's preliminary objection (lack of status of "victim") Publisher personally convicted for having published the article in his periodical - he had been directly affected by the decisions

Preliminary objection dismissed (non-exhaustion of domestic remedies);Violation of Art. 8;Non-pecuniary damage - award

    The Court considers that the Government's objection is closely linked to the merits of the applicant's complaint.

    The Government’s preliminary objection Alleged non-exhaustion of domestic remedies 38.

Preliminary objection dismissed (non-exhaustion of domestic remedies);Violation of P7-4;Non-pecuniary damage - award

Preliminary objections dismissed;Violation of Art. 9;Not necessary to examine Art. 6-1;Remainder inadmissible

Conclusion : preliminary objection dismissed (unanimously).

Preliminary objections rejected (out of time, non-exhaustion of domestic remedies);No violation of P1-1

Law (a)   Preliminary objections (i)   Victim status : The Grand Chamber reiterated that it was open to a person to contend that a law violated his rights if he was a member of a class of people