Bodson v. Belgium

The applications concern the criminal conviction of the applicants, six of whom were trade union officials, on charges of malicious obstruction of road traffic for blocking a freeway near Liège during a demonstration in October 2015.

Invoking Articles 10 and 11 of the Convention, the applicants complained of unjustified interference with their right to freedom of peaceful assembly and, subsidiarily, their right to freedom of expression.

Invoking Articles 10 and 11, in conjunction with Article 14 of the Convention, six of the sixteen applicants complained of discrimination on the grounds of their trade union membership, in that the severity of the sentences handed down to them was justified by the trade union functions they performed.

The following questions have been put to the parties:

1.  Was there an interference with the applicants' freedom of peaceful assembly within the meaning of Article 11 § 1 of the Convention? If so, were these violations necessary within the meaning of Article 11 § 2 of the Convention?

 2.  Was there an infringement of the applicants' freedom of expression within the meaning of Article 10 § 1 of the Convention? If so, were these infringements necessary within the meaning of Article 10 § 2 of the Convention?

 3.  Were applicants nos. 1, 11, 12, 13, 14 and 15 (see list below) discriminated against in the exercise of their rights under the Convention on the grounds of their beliefs and trade union membership, contrary to Article 14 of the Convention in conjunction with Article 11 and/or Article 10?

In particular, did the applicants suffer differential treatment? If so, did the difference in treatment pursue a legitimate aim and have an objective and reasonable justification?