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In March 1993, the court handed down this decision based upon the complaint
of the FEA: "Consideration. 1. Request from the plaintiff (FEA) to prohibit
the defendant (Dr Ing. Hans Hertel) from declaring that food prepared in the
microwave oven shall be dangerous to health and lead to changes in the blood
of consumers, giving reference to pathologic troubles as also indicative for
the beginning of a cancerous process. The defendant shall be prohibited from
repeating such a statement in publications and in public talks by punishment
laid down in the law.

However, in 1998 that decision was reversed. In a judgment delivered at
Strasbourg on 25 August 1998 in the case of Hertel v. Switzerland, the
European Court of Human Rights held that there had been a violation of
Hertel's rights in the 1993 decision. Under Article 50 of the Convention,
the Court awarded the applicant a specified sum for legal costs and
expenses.

The European Court of Human Rights decided that the "gag order" issued by
the Swiss courts against the Bernese scientist prohibiting him from
declaring that microwave ovens are dangerous to health was contrary to the
right to freedom of expression. In addition, Switzerland was sentenced to
pay compensation of F-40,000. This decision is to put an end to judicial
censorship of persons drawing attention to the health hazards of certain
products.