The general lawyer of the Court of Justice of the European Union (TJUE), the Polish Maciej Szpunar, backed this Thursday the criterion of the Court of Appeal of Paris to cancel a sentence of the High court of Spain that condemned in 2014 to the French newspaper 'Le Monde' to indemnify to the Real Madrid and to one of his doctors, with 390.000 and 33.000 euros respectively. The case was due to a violation of the right to the image of the sportive entity and of the galeno.
In accordance with Szpunar, the payment of a compensation by damages and damages is irrazonable, by what advises to the court of the case in the TJUE that deniegue or revoke the sentence because it can give place to a self-evident violation of the freedom of expression and of information. The jurist equally thinks that "the risk of an effect disuasorio that transcienda the situation of the directly affected person justifies that deniegue the recognition and the execution for constituting a self-evident and disproportionate violation of the freedom of press in the Been member of treat ", informed.
It is necessary to remember that 'Le Monde' linked to the Real Madrid and also to the FC Barcelona, in an article published in December of 2006, with the sportive doctor Eufemiano Sources, the one who was condemned afterwards to a year of prison, in first instance by the operation Port, the greater case of doping judged in Spain. The sentence was afterwards cancelled in appeal by the Provincial Audience of Madrid.
It will not finish existing a 'reward' for the prejudiced
The white club did a denied of the information and afterwards interposed a demand by violation of the right to the image. After winning, the Real Madrid requested the execution of the sentence in France through the exequatur, a procedure that uses so that a sentence dictated in a country can be recognised and executed in another.
Finally, and on line with the conclusions of the general lawyer of the TJUE published this Thursday, the Court of Appeal of Paris understood that these convictions of exceptional quantity imposed to a journalist and to a media would have an effect disuasorio in his participation in the public debate on subjects of general interest, being able to prevent that the media exert his function of information and control.