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Isabelle X v Entrevue Conception de presse , Cour de Cassation, Chambre Civile 1, 17 septembre 2003

Facts: the applicant was a French fashion model who married Y. The French Magazine "Entrevue" published a defamatory article about her new marriage with Y which was also illustrated by photographs of her naked which had previously been published in another magazine.

Complaint: the applicant claimed that the author and the magazine violated her right of privacy and right to her own image, in violation of article 9 of the Code Civil. The court in the first instance held for the plaintiff, allowed her damages and issued an injunction against the posters. The Court of Appeal of Paris upheld the decision, and the defendants appealed to the Cour de Cassation.

Holding: The Cour de Cassation upheld the Court of appeal decision in favor of the plaintiff

Reasoning: the unauthorized reproduction photographs depicting her naked constituted a violation of both her right of privacy and her right to her image. The publication of the photograph of the couple against the will of the couple also violated article 9 of the Civil Code. Moreover, the defendant was not allowed to contest the amount of the damages, given the clear violation of personality rights.

 

 

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