Intra-EU Media Reputation In The Aftermath Of The “Real Madrid v. Le Monde” Case. A Possible False Step On The Path Of Mutual Trust?

The article analyses the recent CJEU ruling (dated October 4, 2024, Real Madrid Club de Fútbol et AE c. EE et Société Éditrice du Monde SA, C‑633/22) relating to the recognition of damages awarded in the legal framework of the Brussels I Regulation. With this decision, the Court draws upon the case law of the ECtHR in rder to determined that disproportionate damages award having a potentially chilling effect on freedom of the press should not be recognized and enforced pursuant to certain compelling provisions of the Charter of Fundamental Rights. The article addresses the complexity of the Court’s decision as well as the concern that it may open to a close scrutiny on the “quantum” awarded by the court of the Member State of origin, possibly overstepping into a reconsideration of the merits of the case.