W.P. and Others v. Poland, dec., No. 42264/98, ECtHR (Third Section), 2 September 2004

Prohibition of an association with a statue inciting anti-Semitic hatred. Abuse of the right to freedom of association.

Art. 11 ECHR
Art. 14 ECHR
Art. 17 ECHR

The decision of the Polish authorities to prohibit the formation of an association with a statute including anti-Semitic and offensive statements neither represents an illegitimate interference with the right to freedom of association, nor it discloses discrimination against the applicants. Article 11 ECHR does not allow behaviours that are contrary to the text and spirit of the Convention. To rely on the Convention’s provisions in order to undertake activities directed against the rights and freedoms laid down in the Convention amount to an abuse of rights within the meaning of Article 17 ECHR.