Cross-border Debt Recovery Blog
by Marco Sposini
Laywer, Milan Bar Association
Worldwide debt recovery news
The ECJ on public policy under Articles 34(1) and 45 of Regulation (EC) No 44/2001 and Article 11 of the Charter of Fundamental Rights of EU
18 October 2024
The Court of Justice of the European Union (Grand Chamber), by judgment ECLI:EU:C:2024:843, dated 4 October 2024, in Case C‑633/22 – in proceedings between Real Madrid Club de Fútbol and AE, on the one hand, and EE and Société Éditrice du Monde SA, on the other, concerning the enforcement in France of a judgment delivered in Spain ordering EE and that company to pay Real Madrid and AE damages by way of compensation for the non-material damage arising from the publication of an article concerning them in the newspaper Le Monde – ruled that Article 34(1) and Article 45 of Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, read in conjunction with Article 11 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that the enforcement of a judgment ordering a newspaper publishing house and one of its journalists to pay damages by way of compensation for the non-material damage suffered by a sports club and one of the members of its medical team due to harm caused to their reputation by the publication of information about them must be refused where it would give rise to a manifest breach of the freedom of the press, as enshrined in Article 11 of the Charter of Fundamental Rights, and thus an infringement of public policy in the Member State in which enforcement is sought.
The text is available here