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X v. Société Hachette Filipacchi associés, Cour de Cassation, Civ 1 e , 30.05.2000   Bull. Civ., 2000 I nº 167 p. 107

JCP 2001. II. 10524

Facts: the plaintiff, M. X, took photographs for himself and for a private use.   However the magazine Paris Magazine used them publicly in a defamatory article on the plaintiff. M.X had previously authorized the defendant to use certain photographs of him for the purpose of his publicity.

Complaint: the plaintiff claimed that the photographs in question were not used for the purpose he had authorized the defendant to use them, but to criticize him. Publication of his wealth was also done to criticize his life-style. He thus claimed there had been a violation of his private life. The Court of Appeal dismissed his claim. He appealed to the Cour de Cassation

Holding: the Cour de Cassation overruled the judgment below and remanded the case to the Court of Appeal of Versailles.

Reasoning: under article 9(1) of the Code Civil, a person's wealth does not form part of the narrow sphere of his private life. However the article also referred to the life style of the applicant and used his photographs, which are protected under article 9(1).

 

 

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