Fundamental Rights Score a Goal - Manifest Breaches of Fundamental Rights as a Public Policy Exception in the Real Madrid Case

Abstract

Amid the significant number of rulings delivered by the ECJ on 4 October 2024, the long-awaited judgment pitting football against the media stands out. In Real Madrid vs Le Monde, the Court held that excessive defamation damages may breach the freedom of the press and trigger the public policy exception under Brussels Ia Regulation concerning recognition and enforcement of foreign judgments. In doing so, the ECJ allowed national courts to conduct a substantive review of foreign judgments despite the principle of mutual trust, to ensure the enforcement of fundamental rights across the EU.

Keywords

• CJEU
• Charter of Fundamental Rights of the European Union
• EU
• EU
• France
• Spain