Real Madrid C.F. is engaged in a legal dispute with Le Monde, a French newspaper, over a defamation claim. Real Madrid alleges that Le Monde published an article linking the club to a doctor known for doping. Spanish courts awarded damages to Real Madrid, but French courts refused to enforce the judgment, citing freedom of the press. The case has reached the European Court of Justice (ECJ) for a preliminary ruling. The ECJ is tasked with determining whether the principle of mutual recognition of judgments should supersede freedom of the press and expression in this case, thereby reconciling conflicting decisions from Spanish and French courts.
In 2001, Regulation (EC) No 44/2001 was enacted to order that "a judgment given in a Member State and enforceable in that State shall be enforced in another Member State" a principle known as mutual recognition.
In 2006, Le Monde published an article claiming a link between Real Madrid and Dr. Eufemiano Fuentès of the Operación Puerto doping scandal. The article, titled "Dopage: le football après la cyclisme," implied Real Madrid was involved in doping.
In February 2009, the Juzgado de Primera Instancia no19 de Madrid ruled that Le Monde's article was defamatory and harmed Real Madrid's reputation, ordering them to pay €300,000.
In 2012, the Regulation (EU) No 1215/2012 was established to recognize other member states judgments set up under Regulation (EU) No 1215/2012, a member state "must refuse or revoke enforcement where it would give rise to a manifest breach of freedom of expression."
In February 2014, the Tribunal Supremo (Supreme Court, Spain) dismissed Le Monde's appeal, upholding the lower court's decision that the article was defamatory.
In February 2018, the tribunal de grande instance de Paris ordered Le Monde to pay Real Madrid, in line with Regulation (EC) No 44/2001 regarding mutual recognition of judgments.
In September 2020, the cour d'appel de Paris ruled that the penalties against Le Monde would breach freedom of the press and expression, and that Le Monde is not required to pay the damages ordered by the Spanish courts.
In February 2024, Advocate General Maciej Szpunar's non-binding opinion was published, arguing that freedom of the press is an essential principle of the EU legal order and that breaching it may be grounds for refusal of enforcement.
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