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The European Court of Human Rights (Second Section), sitting as a Chamber composed of:
The case originated in an application (no. 32240/96) against the Republic of Austria lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by Tele 1 Privatfernsehgesellschaft mbH, a company with its seat in Austria (“the applicant”), on 2 July 1996.
The applicant was represented by Mr Thomas Höhne and Mr Thomas In der Maur, lawyers practising in Vienna (Austria). The Austrian Government (“the Government”) were represented by their Agent, Mr Franz Cede, Head of the International Law Department at the Federal Ministry of Foreign Affairs.
The applicant alleged that the Austrian authorities’ decisions refusing it a licence to set up and operate a television transmitter in the area of Vienna violated its right to freedom of expression.
The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11).
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