ABSTRACT
Vereinigung demokratischer Soldaten Österreichs (the VDSÖ), the first applicant, published a monthly magazine aimed at the soldiers serving in the Austrian army and entitled Der Igel (The Hedgehog). It contained information and articles, often of a critical nature, on military life. Mr Berthold Gubi, the second applicant, was a member of the VDSÖ and serving his military service in barracks. The Federal Minister for Defence refused a request from VDSO to have Der Igel distributed in the barracks in the same way as the only other two military magazines published by private associations and ordered the second applicant to stop distributing it. The second applicant’s complaint about this ban to the Military Complaints Board was rejected. His appeal to the Constitutional Court was rejected. The applicants complained of the prohibition imposed in respect of the magazine Der Igel in Austrian barracks, and the second applicant of the order of 29 December 1987 requiring him to cease distributing the magazine in the barracks. They also maintained that they had not had an effective remedy and had been victims of discrimination on political grounds. Comm found as regards the first applicant by majority (12-9) V 10, V 13, unanimously no separate issue under 14+10, as regards the second applicant (12-9) V 10, unanimously NV 13, unanimously no separate issue under 14+10.
