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1. the facts of the case are that Caroline von Hannover( the applicant) alleged that in the assessment of her case German courts had infringed her right to respect for her private and family life as guaranteed by article 8 of the Convention for the protection of HR and Fundamental Freedoms.

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First the court decides that there has been a violation of Art. 8 of the Convention of Human Rights because the public has no general interest, as the applicant exercises no official function. The photos make no contribution of the public interest as they show the applicant behaving in her private life. Even if there is a commercial interest of magazines  that exist, which is the case, it violates the privacy of the applicant. 

# data[].attributes.subject
First the court decides that there has been a violation of Art. 8 of the Convention of Human Rights because the public has no general interest, as the applicant exercises no official function. The photos make no contribution of the public interest as they show the applicant behaving in her private life. Even if there is a commercial interest of magazines  that exist, which is the case, it violates the privacy of the applicant. 

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Another decision made is that the monetary compensation of the applicant needs to be decided upon or agreed by the parties and that the president of the chamber has been delegated the competence to supervise. 

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Another decision made is that the monetary compensation of the applicant needs to be decided upon or agreed by the parties and that the president of the chamber has been delegated the competence to supervise. 

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Article 34   The Court may receive applications from any person, non- governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the Protocols thereto. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right.

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Article 34   The Court may receive applications from any person, non- governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the Protocols thereto. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right.

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The parties that gave their opinion were the applicant, Caroline von Hannover,  the defendant, government of Germany, and the interveners (to give substance to the case), the Association of German Magazine Publishers and Burda.

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The parties that gave their opinion were the applicant, Caroline von Hannover,  the defendant, government of Germany, and the interveners (to give substance to the case), the Association of German Magazine Publishers and Burda.

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The german magazine alledgedly violate the right to privacy, the defendant of this case is the federal republic of Germany it can be assumed that the actions of the magazine can be attributed to the federal government. ( the general government is the duty holder of the right to privacy)

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The german magazine alledgedly violate the right to privacy, the defendant of this case is the federal republic of Germany it can be assumed that the actions of the magazine can be attributed to the federal government. ( the general government is the duty holder of the right to privacy)

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Positive obligations in human rights law denote a State's obligation to engage in an activity to secure the effective enjoyment of a fundamental right, as opposed to the classical negative obligation to merely abstain from human rights violations.

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Caroline did not complain about a negative action of the state, but about the state taking no measures to ensure her right to privacy, which is a non-completed positive action by the state. 

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Caroline did not complain about a negative action of the state, but about the state taking no measures to ensure her right to privacy, which is a non-completed positive action by the state. 

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positive obligations may cause money, and they do not like it. 

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positive obligations may cause money, and they do not like it. 

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Article 8 and article 10

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Difference between positive & negative rights: Positive will always coast money. Ex: Servitude means that you cannot stop somebody of passing on this piece of land. It does not mean that you have to provide a perfect road where they will pass (so it as negative obligation for you and not a positive one) HR were thought to be negative obligations and not positive ones for the State. 

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Difference between positive & negative rights: Positive will always coast money. Ex: Servitude means that you cannot stop somebody of passing on this piece of land. It does not mean that you have to provide a perfect road where they will pass (so it as negative obligation for you and not a positive one) HR were thought to be negative obligations and not positive ones for the State. 

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Technique of case by case balancing because it was within a conflict of HR. 

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Technique of case by case balancing because it was within a conflict of HR. 

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Hierarchy is fixed:  Not hereBalancing is case by case: Yes herLimiting a right: Does not play a role hereException to a right: Does not play a role here 

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Hierarchy is fixed:  Not hereBalancing is case by case: Yes herLimiting a right: Does not play a role hereException to a right: Does not play a role here 

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The court limited the right of press for the individual in order to be able to enjoy it’s right of privacy. 

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The court limited the right of press for the individual in order to be able to enjoy it’s right of privacy. 