[1] Following hearings, the Federal Constitutional Court ordered in 1956 that the party be dissolved and its assets confiscated, and banned the creation of substitute organizations.
It found the appeal inadmissible and thus upheld the ban on the party on the basis that the dictatorship of the proletariat stage advocated by the Communist doctrine in order to establish a regime is "incompatible with the Convention, inasmuch as it includes the destruction of many of the rights or freedoms enshrined therein.
"[4] As a result, pursuing the governance of workers (the "dictatorship of the proletariat") is not compatible with the convention even if it is done with constitutional methods.
[5] The decision is a landmark case establishing limits on freedom of expression on speech that putatively endangers democracy or is based on a totalitarian doctrine.
[6] Many of the same arguments laid out in this decision were repeated by the European Court of Human Rights when it upheld the ban of the Welfare Party in Refah Partisi (the Welfare Party) and Others v. Turkey in 2001,[7] a decision criticized by Human Rights Watch for alleged inconsistency.