CEDH · CASELAW;COMMUNICATEDCASES;ENG — 3 novembre 2016

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .sA36B60A1 { font-family:Arial; font-style:italic }   Communicated on 3 November 2016   FIFTH SECTION Application no. 70693/11 Klaus Günter ANNEN against Germany lodged on 26 October 2011 SUBJECT MATTER OF THE CASE The application concerns a civil injunction and an order to pay compensation. The applicant is a campaigner against the right to abortion. He operates an anti-abortion website which includes a list of “abortion doctors” whose full names and addresses are mentioned. The German courts prohibited the applicant from continuing labelling abortions such as those performed by a named doctor murder on his website. The applicant was further ordered to pay compensation for violation of the doctor’s personality rights. QUESTIONS tO THE PARTIES   1.     Has there been a violation of the applicant’s right to freedom of expression contrary to Article 10 of the Convention?   2.     Should the present case be distinguished from the Court’s judgment Annen v. Germany , no. 3690/10, 26 November 2015 in view of the circumstance - that the Karlsruhe Regional Court took it as a fact that the doctor was Jewish – whereas the question was immaterial in the Karlsruhe Court of Appel’s view – and - that according to the Karlsruhe Regional Court the applicant considered it continuously appropriate during the first instance proceedings to compare abortions to the Holocaust?