Saim Ustun, 40, from Istanbul, was the owner of a small publishing company which reprinted in 2000 a biography of the late filmmaker, whose movie "Yol" (Road) won the Palme d'Or at the Cannes film festival in 1982 but was banned in Turkey for 15 years.

The film examines various forms of social and political oppression in Turkish society and deals with Kurdish nationalism.

Although the first edition of the book in 1992 encountered no problems, the publisher was accused on its reprint of disseminating separatist propaganda and in 2003 sentenced to pay a 1,700-euro fine.

The conviction was nullified several months later and the fine reimbursed.

However, the Strasbourg-based court ruled that the publisher's freedom of expression had been violated because of unjustified interference by the state in the publication.

The European court said the book did "not encourage violence, armed resistance or insurrection" and did not constitute hate speech, even if its tone was hostile and the book politicised.

The European judges also questioned why the Turkish authorities had only taken action against the publisher for the reprint and not the first edition, something the authorities failed to explain.

The court granted Ustun 2,000 euros (2,700 US dollars) in damages.

Guney, a leftist writer, actor and filmmaker, was stripped of his citizenship in 1983 and died in exile in France a year later.