Free movement of judgments, prohibition of review as to the substance, public policy and partial enforcement

the Cour de cassation rules in the case of Real Madrid v. Le Monde

Abstract

 The ruling handed down by the Cour de cassation following the Real Madrid preliminary ruling of the Court of Justice offers an opportunity to reflect on judicial cooperation in civil matters, particularly on certain key aspects of the system for the recognition and enforcement of judgments in the European Union, such as the scope for action of the courts of the requested State and the “material” dimension of public policy. In light of these considerations, this article focuses on the practical implications for the Cour d’appel de Paris of the rulings of the Court of Justice and the Cour de cassation, with particular attention to the possibility of partial recognition and enforcement of Spanish decisions and the issues that this solution raises.