ECtHR 9 November 2021, app. no. 31549/18 (Špadijer v. Montenegro), Privacy, Whistleblowing

Summary

States must protect the physical and psychological integrity of individuals from others, including setting up a legal framework with that aim in an adequate way. The ECtHR’s summary of the case is available here.

Ruling

The Court, unanimously:

• Declares the application admissible;
• Holds that there has been a violation of Article 8 of the Convention;
• Holds that there is no need to examine the complaint under Article 13 of the Convention;
• Holds
  • that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts:
  • EUR 4,500 (four thousand five hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;
  • EUR 1,000 (one thousand euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses;
  • that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
  • Dismisses the remainder of the applicant’s claim for just satisfaction.