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[ ] STAMBUK v. GERMANY Freedom of expression – admissible Article 10 Imposition of fine on ophthalmologist by professional disciplinary body following publication of an article considered as an advertisement contrary to ethical rules On November a Chamber of the European Court of Human Rights unani- mously declared admissible the application in the case of Stambuk v. Germany . Summary of the facts The District Disciplinary Court for Medical Practitioners imposed a fine of , German marks on the applicant, an ophthalmologist, for having disregarded the ban on advertising in the relevant provisions of the Land Rules of Professional Ethics and the Act on the Councils for the Medical Professions. A journalist had come to meet the applicant in his surgery in order to discuss a new laser operation technique. An article was subsequently published in a newspa- per. In the interview it was reported that the applicant had treated patients using this laser technique, with % success. The applicant was reported to have stated that such operations depended notably on the professional experience of the practitioner. The article was also illustrated by a photograph of the applicant
Human Rights Case Digest – Brill
Published: Jan 1, 2001
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