Dismissal of the application for revision of a judgment prohibiting publication under penalty

Facts

The S.-Stiftung (the Foundation) published an article on its website reporting on a demonstration by the Young UDC Thurgau and the speech of X. The cantonal court prohibited the Foundation from publishing this article under the threat of the penalty provided for in Art. 292 SCC. The Foundation appealed against this decision, but the Federal Tribunal dismissed the appeal. The Foundation then filed an application for revision of the judgment of the Federal Tribunal, citing the violation of Art. 10 ECHR established by the European Court of Human Rights.

Considerations

The Federal Tribunal dismisses the application for revision. It considers that an ordinary appeal is possible to have the prohibition of publication accompanied by the threat of punishment lifted. Indeed, the losing party can request the enforcement court to cancel the criminal threat and then publish its contribution without legal prejudice. A revision is not necessary for this purpose, as the enforcement court can restore a situation in conformity with the ECHR.

The Federal Tribunal notes that the European Court of Human Rights does not necessarily require that the prohibition of…