Eva-Maria Painer v Standard VerlagsGmbH and Others (C-145/10)
law://eu/cjeu/2010/c-145-10/para_113@2026-11-13
Key facts
Court
Court of Justice · Third Chamber
Case
C-145/10 · ECLI:EU:C:2011:798
Decided
1 Dec 2011
Procedure
Preliminary reference · referred by the Handelsgericht Wien (Austria)
Applicant
Eva-Maria Painer
Defendants
Standard VerlagsGmbH; Axel Springer AG and 3 moreSüddeutsche Zeitung GmbH; Spiegel-Verlag Rudolf Augstein GmbH & Co KG; Verlag M. DuMont Schauberg Expedition der Kölnischen Zeitung GmbH & Co KG
Rapporteur
J. Malenovský
Advocate General
V. Trstenjak
Bench
5 judgesK. Lenaerts, J. Malenovský, E. Juhász, G. Arestis, T. von Danwitz
113However, having regard to the purpose of the press, in a democratic society governed by the rule of law, to inform the public, without restrictions other than those that are strictly necessary, it is conceivable that a newspaper publisher might, in specific cases, contribute to the fulfilment of an objective of public security by publishing a photograph of a person for whom a search has been launched. However, it should be required that such initiative is taken, first, within the framework of a decision or action taken by the competent national authorities to ensure public security and, second, by agreement and in coordination with those authorities, in order to avoid the risk of interfering with the measures taken by them. A specific, current and express appeal, on the part of the security authorities, for publication of a photograph for the purposes of an investigation is not, however, necessary.