Freedom of information, chilling effect and area of freedom, security and justice

Commentary on the judgment Real Madrid Club de Fútbol/ Société Éditrice du Monde (CJEU, judgment of 4 October 2024, case C-633/22)

Abstract

The judgment of the Court of Justice of the European Union in the Real Madrid Club de Fútbol/Société Éditrice du Monde case has highlighted the relationship between the area of freedom, security and justice of the European Union and the protection of freedom of expression and information recognised in Article 11 of the Charter of Fundamental Rights of the European Union. This judgment referred to the execution in France of judgments handed down by several Spanish courts by which the company Société Éditrice du Monde, publisher of the newspaper Le Monde, had to compensate Real Madrid Club de Fútbol and the director of its medical services for the publication in that newspaper of information linking that club to the carrying out of doping practices. The link between the public order exception and the violation of Article 11 of the Charter is determined, according to the ruling, by the high amount of compensation claimed, which could produce a serious financial imbalance in the defendant company and have a chilling effect when it comes to publishing information of general interest, both for the newspaper Le Monde and, in general, for journalists and the media.