ELSC takes the Vienna municipality’s SLAPP case against BDS Austria to the European Court of Human Rights (ECtHR) 

Vienna, Austria – Tuesday 27 May 2025, after the Austrian Supreme Court dismissed the appeal against the decision of the Higher Regional Court of Vienna, in favor of the City of Vienna and against a BDS-activist, the European Legal Support Center (ELSC) will now take the case to the European Court of Human Rights (ECtHR), to defend the right of the Palestine solidarity movement to freedom of expression. 

The case concerns a Facebook post by a BDS Austria activist from August 2021 which the municipality claims constitute defamation because it included a picture of the famous poster stating “Visit Apartheid” that was stuck on a billboard along with the official logo of the Municipality of Vienna and a sarcastic caption. 

In line with the Municipality’s anti-democratic anti-BDS resolution, this lawsuit is part of a larger strategy to intimidate BDS Austria and Palestine solidarity movement through systematically repressing their fundamental rights to free speech and freedom of assembly. The weaponization of legal procedures to burden advocates with bureaucratic hurdles and high fees is a tactic we observe across Europe.  

One of the tactics used in this case was the infamous Strategic Lawsuits Against Public Participation (SLAPPs), which is frequently used by powerful entities to intimidate critics by drowning them in costly and protracted legal battles. Indeed, this case has been officially recognised as such by CASE a coalition of non-governmental organizations across Europe united in recognition of the threat posed to public watchdogs by SLAPPs. In April 2024, the European Union adopted Directive  2024/1069 to protect victims of SLAPPs across the region. 

In 2022, four UN Special Rapporteurs have raised their concerns to Austrian authorities regarding these practices. In the communication sent on 20 May 2022, the SR raised concerns about the resolution adopted in 2018, “which includes undue restrictions to the rights to freedom of opinion and expression, peaceful assembly and of association”. They further expressed “concern that the City of Vienna’s filing of a lawsuit against a member of BDS Austria may hinder the peaceful activities of human rights defenders committed to monitor and denounce human rights violations in occupied Palestine, shrinking the civic space available to them to express legitimate grievances”. 

In April 2022, the Vienna Commercial Court first ruled in favor of the City of Vienna in interim proceedings. After the activists appealed, the Higher Regional Court of Vienna upheld the decision in February 2023. The main proceedings began in July 2023, with Austrian courts consistently ruling in favor of the Municipality. In September 2024, Elisabetta Folliero, lawyer in Vienna and member of the ELSC’s legal network, appealed the Higher Regional Court’s decision before the Austrian Supreme Court, which has now rejected the case.  

The BDS activist intends to appeal the decision and is ready to stand before the European Court of Human Rights to assert his fundamental right to freedom of expression, a right enshrined in Article 10 of the European Convention on Human Rights. 

ELSC lawyer Kiran Chaudhuri comments: “It should alarm all of us that the highest Austrian court simply dismisses a case that provoked the intervention of four UN Special rapporteurs. We will not accept such blatant attempts to intimidate and punish Palestine solidarity activists with overwhelming financial costs and will defend their right to freedom of expression at the European Court for Human Rights.” 

ELSC partner lawyer Elisabetta Folliero comments: “The free manifestation of thought is the basis of democracy; to undermine this right is to undermine it at its foundation: it is the duty of every lawyer and every citizen to defend fundamental rights. Every time we turn away when human rights are violated we take a step into the abyss.” 

BDS activist Oliver Haschemizade comments: “Even before the supreme court’s ruling, the municipality of Vienna has already started to take my salary to pay for the draconically large penalty. They are trying to extract a hefty price for speaking up against apartheid and human rights. I trust that the ECHR will rectify this injustice that Austrian courts are enabling.” 

The total cost of the lawsuit could amount to more than €35.000. In order to protect fundamental rights for Palestinian rights advocates in Austria and beyond, please consider a donation.