Fri. Sep 20th, 2024
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Medienfreiheit: Mündliche Verhandlung vor dem EU-Gerichtshof in der Rechtssache C-633/22 Real Madrid Club de Fútbol
17 October 2023
Dienstag, 17. Oktober 2023
Mündliche Verhandlung vor dem Gerichtshof (Große Kammer) in der Rechtssache C-633/22 Real Madrid Club de Fútbol
Verletzung der öffentlichen Ordnung eines Mitgliedstaats
In der Zeitung Le Monde wurde von dem Journalisten EE 2006 ein Artikel mit dem Titel „Die Verbindung von Real Madrid und Barça mit Dr. Fuentès“ veröffentlicht. Die Zeitung berichtete, dass der Real Madrid Club de Fútbol die Dienste von Dr. Fuentès in Anspruch genommen habe. Dieser sei der Initiator eines zuvor im Bereich des Radsports aufgedeckten Blutdopingnetzwerks.
Die Veröffentlichung wurde von zahlreichen, insbesondere spanischen Medien aufgegriffen.
Der Klub und ein Mitglied seines medizinischen Teams erhoben vor den spanischen Gerichten Haftungsklagen gegen die Herausgeberin der Zeitung Le Monde und EE, die sie auf eine Verletzung ihrer Ehre stützten.
Le Monde und EE wurden gerichtlich zu Geldstrafen verurteilt.
Das zweitinstanzliche Gericht nimmt an, das die Verurteilungen eines Journalisten und eines Presseorgans zu Zahlungen in außergewöhnlicher Höhe zwangsläufig abschreckende Wirkung in Bezug auf ihre Beteiligung an der öffentlichen Erörterung für die Allgemeinheit interessanter Themen entfalteten. Dies könne die Medien an der Erfüllung ihrer Informations- und Kontrollaufgabe hindern, so dass die Anerkennung oder die Vollstreckung der Entscheidungen, in denen diese Verurteilungen ausgesprochen worden seien, in nicht hinnehmbarer Weise gegen das französische „ordre public international“ („internationale öffentliche Ordnung“) verstießen, da sie die Freiheit der Meinungsäußerung beeinträchtigten.
Das vorlegenge Gericht will vom Gerichtshof wissen, ob das Unionsrecht dahin auszulegen ist, dass eine Verurteilung wegen einer Schädigung des Rufs eines Sportvereins durch eine in einer Zeitung veröffentlichte Information eine offensichtliche Beeinträchtigung der Freiheit der Meinungsäußerung und damit einen Grund für die Ablehnung der Anerkennung und Vollstreckung darstellen kann.
Heute findet die mündliche Verhandlung statt.
Details
- Date:
- 17 October 2023
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C-633/22, Real Madrid Club de Fútbol
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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