quill.gif (3183 bytes) Epoux X. v. M. Y . Cour de Cassation, Ass. PlÚn. 12.07.2000 Bull. Civ., 2000

Facts: the plaintiffs, the couple X, brought a claim against the author of an article and against the magazine which published it. The article stated that the son of the couple was responsible for infecting many people with the HIV virus.

Complaint: the plaintiffs claimed they suffered from moral harm as a result of the defamatory article and claimed reparation under article 1382 of the Code Civil. The Court of appeal of Versailles ruled against the plaintiffs in a judgment held on October 16, 1997. They appealed before the Cour de Cassation.

Holding: the Cour de Cassation upheld the judgment of the Court of Appeal and ruled against the plaintiffs.

Reasoning: the claim was regulated by article 34(1) of the Law of July 29, 1881 on Liberty of the Press and could not be subject to reparations under article 1382 of the Code Civil.

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