CASE OF GACHECHILADZE v. GEORGIA

FIFTH SECTIONCASE OF GACHECHILADZE v. GEORGIA(Application no. 2591/19) JUDGMENTArt 10 • Freedom of expression • Lack of relevant and sufficient reasons to justify administrative-offence fine, forced product recall and ban on future use of condom packaging designs • Designs regarded as unethical advertising contrary to the religious and national values of Georgian society • Expression not merely commercial but also contributing to public debate concerning various issues of general interest, thereby warranting a narrower margin of appreciation • No demonstration of the existence of a pressing social need • Unacceptable prioritisation of views on ethics of the members of the Georgian Orthodox Church in the balancing of various values protected under the Convention and the Constitution of Georgia precedenceArt 35 § 3 (b) • Significant disadvantage in light of sweeping measures, despite lack …