Long legal dispute

ECJ issues judgment after doping report about Real

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(Bild: GEPA)

In the long-running legal dispute between the Spanish soccer club Real Madrid and the French newspaper "Le Monde" over an article from 2006, the European Court of Justice (ECJ) has emphasized the importance of freedom of the press! This could be violated in the event of disproportionately high damages, the ECJ ruled in Luxembourg on Friday. Media could be prevented from reporting on topics of public interest.

The enforcement of a judgment for damages against a medium or a journalist must be refused if it violates the freedom of the press. The dispute concerns an article from 2006 in which "Le Monde" reported on an alleged doping connection between the doctor Eufemiano Fuentes and Real Madrid.

The penalty demanded for "Le Monde" amounted to 390,000 euros
The club and its club doctor then sued the newspaper and the author of the article for damages - with success: the Spanish courts ruled that the newspaper and the reporter should pay. The penalty demanded for "Le Monde" amounted to 390,000 euros, and 33,000 euros were also to be paid jointly and severally with the journalist.

"Conviction violates freedom of the press and freedom of expression"
Real Madrid applied for these Spanish decisions to be enforced in France. However, the court of appeal in Paris rejected this application in 2020, citing public order. It argued that the conviction violated freedom of the press and freedom of expression and thus had a deterrent effect on journalists and the media who took part in the public discussion of topics of interest to the public.

The case went to the French Court of Cassation, which suspended the proceedings and asked the ECJ to interpret EU law. The ECJ now emphasized that it was up to the national court to assess whether the damages awarded were disproportionate and violated the freedom of the press.