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Capacities to be Enjoyed by Non-Governmental Organizations

X, Y and Z v Federal Republic of Germany (decision), 18 May 1976 [ECtHR]

Case no 6850/74

The applicants complain of violations of Article 9 of the Convention also with respect to the refusal to admit the first applicant's electoral proposal of candidates for the election in Hamburg, the rejection of the challenge of the election, the refusal to acknowledge the first applicant as a political party and the rejection of the challenge of the election in Lower Saxony .

The Commission notes, however, that none of these decisions affect the applicants' freedoms which are guaranteed in Article 9 of the Convention and do not contain a right to take part in elections as a political party .

b. Article 10 of the Convention guarantees the right to freedom of expression, including freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. The Commission notes however that the decisions of which the applicants complain do not affect these freedoms. The Commission refers to its decision on the admissibility of Application No. 6573/74 against the Netherlands (Decisions and Reports 1, 87).

c . Article 11 of the Convention provides that everyone has the right to peaceful assembly and to freedom of association with others. It does, however, neither give a right to a specific status and participation in elections, not to exclude the payment of election campaign subsidies to political parties.

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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