Judgment concerning Germany
20/05/25
In the case of Russ v. Germany, the Court held that there had been a violation of freedom of assembly and association.
The case concerned the criminal conviction of the applicant for wearing a plastic visor at a demonstration, in breach of a general prohibition on carrying protective weapons (Schutzwaffen) at public outdoor assemblies in Germany.
The Court found that, while the national courts had taken into account the applicant’s freedom of expression, they had not weighed up his right to freedom of assembly against the intended aim of preventing disorder and violence. Moreover, they had not explained as to why wearing a makeshift visor had constituted a threat to public safety.