Autore
Cogliandro, Roberto Dante

Titolo
La libertà di stampa e il contenuto dell'ordine pubblico quale limite alla circolazione delle sentenze nello spazio giudiziario europeo
Periodico
Freedom, security & justice (Online)
Anno: 2025 - Fascicolo: 1 - Pagina iniziale: 237 - Pagina finale: 254

One exception to the principle of mutual recognition of judgments between the Member States of the European Union, as enshrined in Regulation (EU) No. 1215/2012, is the conflict with the public order of the requested State. This is an exception to be interpreted restrictively, only in the case of a manifest violation of a fundamental principle. In the present case the Court faced an issue of substantive public order, namely the potential conflict, raised by the referring court, between a Spanish judgment sentencing the defendant to pay compensation for non-material damage for defamation in the press and the principle of freedom of expression as guaranteed under French law also in light of European Union principles. The Court ruled that the enforcement of a judgment sentencing a newspaper publishing company and one of its journalists to pay compensation for non-material damage suffered by a sports club and a member of its medical team must be refused if it entails a manifest infringement of freedom of the press. Such an infringement may in fact constitute a threat to public order in the requested Member State. The Court highlighted that, while the recognition and enforcement of judicial decisions between Member States are based on mutual trust in justice, the national court must assess whether the damages awarded are manifestly disproportionate to the harm to reputation and risk having a deterrent effect on the freedom of the press. In this respect, the Court underlines the principles enshrined in the Charter of Fundamental Rights of the Union, emphasizing that these principles are increasingly recognized as a source of binding European Union law.



SICI: 2532-2079(2025)1<237:LLDSEI>2.0.ZU;2-H
Testo completo: https://www.fsjeurostudies.eu/files/FSJ.1.2025.10.COGLIANDRO.pdf

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