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Capacities to be Enjoyed by Non-Governmental Organizations

Hyde Park and Others v Moldova (no. 4), 7 April 2009 [ECtHR]

Case no 18491/07

33.  The Court notes that after the lodging of the present application Hyde Park ceased to exist as a registered non-governmental organisation and continued to exist as an unincorporated association (see paragraph 1 above). It has not been disputed that the new Hyde Park is entitled to pursue the application and the Court sees no reason to hold otherwise (see mutatis mutandis David v. Moldova, no. 41578/05, § 28, 27 November 2007). Moreover, the Court considers that Hyde Park’s capacity to pursue the proceedings is not affected by its being unincorporated (see, mutatis mutandis, Christians against Racism and Fascism v. the United Kingdom, no. 8440/78, Commission decision of 16 July 1980, Decisions and Reports 21, p. 138).

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Jurisprudence

Rights enjoyed as legal persons Not to be subject to discrimination Rights not conferred Other rights To lobby and not to be subject to territorial restrictions To freedom of expression To apply to the European Convention on Human Rights To the successful attainment of ends To be treated as a political party To challenge administrative decisions