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Category: France (Page 1 of 2)

The French Tribunal of Nanterre’s Enforcement of the Royal Family’s Right to Privacy – Julie de Lassus Saint-Geniès

On Tuesday 5 September 2017, the criminal Tribunal de Grande Instance in Nanterre, Paris, ruled that France’s Closer magazine, Laurence Pieau (its editorial director) and Ernesto Mauri (the chief executive of its publisher, the Mondadori group) had gravely infringed Prince William and Princess Catherine’s right to privacy and family life when they published topless photographs of the Duchess during their holiday in the South of France in 2012. Continue reading

Case Law, Strasbourg: Giesbert v France, Sanctions for publishing prosecution statements, no violation of Article 10 – Hugh Tomlinson QC

In the case of Giesbert v France ([2017] ECHR 504, 1 June 2017)(French only) the Fifth Section of the Court of Human Rights held that Court orders made against the magazine, Le Point, sanctioning the publication of criminal court documents in the high profile “Bettancourt” case did not violate Article 10 of the Convention. Continue reading

France: Julie Gayet wins further privacy damages, but would she succeed in the UK? – Nathan Capone

GayetActress Julie Gayet has won damages against two French magazines for breach of privacy after the magazines published photos taken with a long-lens of her and partner Francois Hollande at a private Versailles retreat. The tribunal de Nanterre ordered both magazines to pay the sum of €1,500 each to Ms Gayet. This case follows Gayet’s successful privacy claim against Closer magazine last year in respect of an article detailing her relationship with President Hollande. Continue reading

Case Law, France: Leonardo DiCaprio v Oops! Magazine, Damages and order for publication of judicial findings over false “pregnancy” story

Ooops LeonardoOn 27 July 2015, the Tribunal de Grande Instance de Paris awarded damages of €8,000 to the actor Leonardo DiCaprio for interference with his private life and his image rights. Oops! magazine was ordered to publish a statement summarising the decision on the front cover.  The judgment (DiCaprio v Oops!) is available in only in French. Continue reading

What if the French constitutional judges had read the Davis Judgement? Would we be living in a better world? – Sophie Stalla-Bourdillon

1695732_3_5e5d_les-membres-du-conseil-constitutionnel_6ab46a8063cf3f19b9b4a0a2007b97d6The French Constitutional Court (Conseil Constitutionnel) issued its decision n°2015-713 DC on the recently adopted Law on intelligence on 23 July 2015. Reading its decision after having read the Davis judgment of the English High Court, one wonders whether legal syllogism has suddenly been replaced by useless tautology. Continue reading

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