Europe: companies and the European Convention on Human Rights

A good illustration of the way in which the European Convention for the Protection of Human Rights and Fundamental Freedoms can be relied upon by companies is provided by a recent decision of the European Court of Human Rights. In Meltex Ltd v Armenia [2008] ECHR 531, a company complained that its freedom of expression under Article 10 of the Convention had been violated by the refusal of the Armenian authorities to grant it broadcasting licences. Article 10 provides:

Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises"

The Court held that the refusals constituted interferences with the company's freedom to impart information and ideas. In the course of the opinion some interesting points were made with regard to the separate legal personality of the company. The Court observed:

... a person cannot complain about a violation of his or her rights in proceedings to which he or she was not a party, even if he or she was a shareholder and/or executive director of the company which was party to the proceedings ... Furthermore, while in certain circumstances the sole owner of a company can claim to be a “victim” within the meaning of Article 34 of the Convention in so far as the impugned measures taken with regard to his or her company are concerned ..., when that is not the case the disregarding of an applicant company's legal personality can be justified only in exceptional circumstances, in particular where it is clearly established that it is impossible for the company to apply to the Convention institutions through the organs set up under its articles of incorporation or – in the event of liquidation – through its liquidators".