Cour de Cassation — Tort Law — The protection of private life
| Date | Citation | Note |
|---|---|---|
| 27.09.2005 | Bull.civ. 2005.I. no. 348, p. 289 First Civil Chamber, (pourvoi no. 03-13.622) | |
| 12.07.2005 | Bull.civ. 2005, I no. 329, p. 272 First Civil Chamber, (pourvoi no. 04-11.732) | |
| 05.07.2005 | Bull.civ. 2005.I.no. 295 p. 246 First Civil Chamber, (pourvoi no. 03-13.913) | |
| 20.09.2001 | D. 2002.Somm.2300 Subsequent developments |
The political views of a citizen form part of his private life but it is different if he holds an important and responsible position, even an unofficial one, in a recognised political party |
| 12.07.2000 | Bull. Civ., 2000 Ass.Plén Case Consorts X v. Société Y Case Epoux X. v. M. Y. Subsequent developments |
Exercise of the right of free expression cannot be the subject of compensation under art. 1382 Code civil |
| 30.05.2000 | Bull. Civ., 2000 I n: 167 p. 107 JCP 2001. II. 10524 Case X v. Société Hachette Filipacchi associés Subsequent developments |
Article 9(1) Code civil Publication of details of wealth, income and life-style |
| 27.05.1997 | JCP 1977. II. 22894 Case SA Editions Plon v. Mitterand Subsequent developments |
Publication of the book on the private life of President Mitterand Breach of medical confidentiality Violation of professional confidence Exercise of freedom of expression as a constitutional value |
| 05.11.1996 | Bull. Civ., 1996 I n: 378 p. 265 JCP 1997. II. 22805 Case Prisma Presse v. Mme G Subsequent developments |
Connection between art. 9 and art. 1382 of the Civil code Unreviewable powers of the Court of Appeal in determining how much harm had been suffered (damages) |
| 25.06.1996 | Bull. Civ., 1996 I n: 268 p. 188 | Rights of succession have nothing to do with the respect for private life required by art. 8 of the European Convention for the Protection of Human Rights and Fundamental Liberties and guaranteed against discrimination by art. 14 of that Convention |
| 22.05.1996 | JCP 1996. IV. 1571 Case Mme A v. SNC Prisma Presse | For there to be an invasion of private life in the sense of art. 9 Code civil and art. 8 of the European Convention for the Protection of Human Rights and Fundamental Liberties there must be a reference or allusion to the life of the person invoking them |
| 24.01.1996 | Bull. Cass., 1996 II n: 9 p. 7 Subsequent developments |
Art. 35 of the Law of 29 July 1881 In a suit for defamation, imputations relating to the private life of the claimant and other observations relating to his public activities are indissociable and subject to proof of the truth |
| 19.12.1995 | Bull. Civ., 1995 I n: 479 p. 331 Case Caisse autonome nationale de compensation de l’assurance viellesse artisanale v. X Subsequent developments |
A union whose function is to defend the interests of the profession cannot bring an action based on invasion of privacy |
| 10.10.1995 | JCP 1997. II. 22765 Case Mme Li Shu Xian. v. SA Editions Robert Laffont et al . Subsequent developments |
Widow of Pu Yi (the last Emperor of China) case |
| 23.10.1990 | Bull. Civ., n° 222 Case Société Mail Newspapers plc v. Prince X Subsequent developments |
Without any authorisation by his legal representatives, articles reporting on the behaviour of a minor aged fourteen on a privately owned island and the way he was brought up and educated could properly infer that these revelations intruded into the private life of the young person Limits on art. 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms guaranteeing the right of free expression |
| 23.07.1990 | D.C. 99-416 | Contents and use of an “individual electronic interdepartmental card” and its issuance to all those insured against illness is compatible with the respect for the citizen’s private life because the safeguards which attach to the implementation of the provisions of art. 36 of the challenged law, along with the features ensuring the security of the system, provide sufficient guarantees for the protection of privacy |
| 13.04.1988 | Bull. Civ., 1988 I n: 97 p. 66 Case Goudeau v. X Subsequent developments |
Claim for seizure Amount of the astreinte to prevent the sale of a larger number of copies |
| 05.03.1986 | D. 1986.I.R.189 Case Berry v. Hersant Subsequent developments |
Publication by a newspaper of a photograph and the address of the home of two actors did not go beyond what the public was entitled to know |
| 08.07.1981 | Bull. Civ., 1981 II n: 152 Case Société Rusconi v. B | Main events in the private life of an exceptionally famous film star distinguishable from the public life of the artist |
| 14.11.1975 | Bull. Civ., 1975 II n: 294 p. 236 JCP 1976. IV. 9 Subsequent developments |
A person who chooses to disclose facts relating to his own private life does so in full awareness of the limits and conditions of such disclosure Everyone is entitled to respect for his private life and it is immaterial that the same facts had already appeared in books and periodicals Revelations about a person’s antecedents, partners and similar issues are invariably part of his private life, no matter who he is |
| 18.05.1972 | Bull. Civ., 1972 I n: 134 p. 118 JCP 1972. II. 17209 Subsequent developments |
Rules of law concerning the protection of the minor’s person and property Collecting data thus far so scattered that the public had no general idea of the story, and giving the event a degree of publicity greater than it had received from the media, acting independently and with varying emphasis is an invasion of the private life |
| 13.03.1965 | JCP 1965. II.14223 Case Philippe v. France Editions Publications Subsequent developments |
The reproduction for purely commercial motives of unauthorised photographs and the details, true or false, of a child’s state of health and the treatment he was receiving constitute an intolerable intrusion into the private life Role and duty of the référé jurisdiction in cases of urgency to protect rights of personality, especially where, as here, they are the rights of a child, and so to limit as far as possible the harm which could be caused |
| 16.03.1955 | D. 1955, 295 Case Marlene Dietrich v. Société France-Dimanche Subsequent developments |
An individual’s reminiscences of his private life form part of his moral capital, and noone has the right, even in good faith, to publish them without the clear and explicit authorisation of the person whose life is being recounted |