of at least €8,600. Even though it re-admitted Lee, ASLEF remained exposed to a claim for compensation of up to €94,200. ASLEF lodged an application with the European Court of Human Rights (ECHR, in Strasbourg) on 24 March 2005. The complaint relied on Article 11 of the European Convention of Human Rights (freedom of assembly and association), which states, ASLEF's case was that the union had been prevented from expelling a member due to his membership of the BNP, a political party which advocates views inimical to its own, and that this was an infringement of freedom of association. The nature of the argument is that the United Kingdom's law (i.e. s.174 of TULRCA 1992) which required ASLEF to take back Lee into union membership or face compensation payments, violates union members' freedom of association. So ASLEF was now suing the UK government (rather than Lee). European Court of Human Rights Finding in ASLEF's favour, the Court held unanimously that there had been a violation of Article 11 and awarded the union €53,900 for costs and expenses. The Court held that just as a worker should be free to join or not join a union, so is a trade union equally free to choose its members. Article 11 could not be interpreted as imposing obligations on associations to admit anyone who applied to join. Further, where associations are set up by people who share common values, ideals and goals, it would run counter to the very effectiveness of the freedom at stake if they had no control over their membership. The Court's view was that the United Kingdom had not struck the right balance between Lee's right and the rights of ASLEF. The Court was persuaded that expulsion did not impinge in any significant way on Lee's freedom of expression or political activity, nor would he suffer any detriment: there being no "closed shop", there was no apparent prejudice to him in terms of employment or livelihood. Of greater weight was the union's right to choose its members. Trade unions in the UK and Europe were commonly affiliated to political parties or movements, particularly those on the left. They were not "bodies solely devoted to the politically-neutral aspects of the well-being of their members, but were often ideological with strongly held views". There had been no suggestion in the Employment Tribunal hearings that ASLEF had erred in concluding that Lee's