Summer School with Moot Court 2013 in Hạ Long. The Caroline Judgments
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1 The Caroline Judgments Two proceedings: 1. Case von Hannover v. Germany (no /00), judgment of 24 June 2004 Caroline I 2. Case von Hannover v. Germany (no /08 and 60641/08), judgment of 7 February 2012 Caroline II Prof. Dr. Michael Jaensch 1
2 The Caroline Judgments Proceedings Applicants: Caroline von Hannover (Caroline I); Caroline and Ernst August von Hannover (Caroline II) Government: Germany Application: German court decisions have infringed Art. 8 ECHR Prof. Dr. Michael Jaensch 2
3 The Caroline Judgments Proceedings Individual application, Art. 34 ECHR Prof. Dr. Michael Jaensch 3
4 The Caroline Judgments Proceedings Rules of Court - rules of procedures - allocation of section of the court, Rule observations on the merits filed by the parties, Rule Prof. Dr. Michael Jaensch 4
5 The Caroline Judgments The Facts The people involved Caroline von Hannover sister of Albert II, Prince of Monaco married to Ernst August, Prince of Hanover since Prof. Dr. Michael Jaensch 5
6 The Caroline Judgments The Facts The people involved Vincent Lindon French actor, lover of Princess Caroline from 1990 to Prof. Dr. Michael Jaensch 6
7 The Caroline Judgments The Facts The people involved Andrea Casiraghi born 1984, eldest son of Caroline Prof. Dr. Michael Jaensch 7
8 The Caroline Judgments The Facts The people involved Pierre Casiraghi born 1987, younger son of Caroline Prof. Dr. Michael Jaensch 8
9 The Caroline Judgments The Facts The people involved Charlotte Casiraghi born 1986, daughter of Caroline Prof. Dr. Michael Jaensch 9
10 The Caroline Judgments The Facts The people involved Ernst August von Hannover married to Caroline since Prof. Dr. Michael Jaensch 10
11 Caroline I The Facts The press involved - Burda publishing company - Heinrich Bauer publishing company Prof. Dr. Michael Jaensch 11
12 Caroline I The Facts The photos in question 1. The first series of photos a) Caroline and Vincent at the far end of a restaurant. b) Caroline on a Horseback and Caroline with her children Andrea and Pierre c) Caroline with her children Charlotte, Andrea and Pierre as well as Caroline on private occasions such as shopping Prof. Dr. Michael Jaensch 12
13 Caroline I The Facts The photos in question 2. The second series of photos a) Caroline on skiing holiday in Switzerland b) Caroline and Ernst August at a horse show and leaving her house in Paris c) Caroline and Ernst August playing tennis or putting their bicycles down Prof. Dr. Michael Jaensch 13
14 Caroline I The Facts The photos in question 3. The third series of photos Caroline at Monte Carlo Beach Club dressed in a swimsuit and wrapped in a bathing towel, tripping and falling down - photos taken from afar Prof. Dr. Michael Jaensch 14
15 Caroline I The Proceedings in the German courts Appeal stages (German private law) Regional Court Court of Appeal Appeal on facts and points of law Leave to appeal refused Federal Court of Justice Appeal on points of law Constitutional appeal Federal Constitutional Court Prof. Dr. Michael Jaensch 15
16 Caroline I The Proceedings in the German courts 1. The first set of proceedings a) Hamburg Regional Court, 4 February 1993 application to injunction rejected b) Hamburg Court of Appeal, 8 December 1994 application to injunction rejected c) Federal Court of Justice, 19 December 1995 injunction against pictures 1. a) in restaurant granted d) Federal Constitutional Court, 15 December 1999 injunction against pictures 1. b) and c) with her children granted Prof. Dr. Michael Jaensch 16
17 Caroline I The Proceedings in the German courts 2. The second set of proceedings a) Hamburg Regional Court, 26 September 1997 application to injunction rejected b) Hamburg Court of Appeal, 10 March 1998 application to injunction rejected c) Federal Court of Justice no judgment leave to appeal on points of law refused by Court of Appeal d) Federal Constitutional Court, 4 April 2000 injunction rejected Prof. Dr. Michael Jaensch 17
18 Caroline I The Proceedings in the German courts 3. The third set of proceedings a) Hamburg Regional Court, 24 April 1998 application to injunction rejected b) Hamburg Court of Appeal, 13 October 1998 application to injunction rejected c) Federal Court of Justice no judgment leave to appeal on points of law refused by Court of Appeal d) Federal Constitutional Court, 13 April 2000 injunction rejected Prof. Dr. Michael Jaensch 18
19 Caroline I Before the European Court of Human Rights The photos in question 1. The first series of photos a) Caroline and Vincent at the far end of a restaurant. ruled out b) Caroline on a Horseback and Caroline with her children Andrea and Pierre - ruled out c) Caroline with her children Charlotte, Andrea and Pierre ruled out as well as Caroline on private occasions such as shopping Prof. Dr. Michael Jaensch 19
20 Caroline I Before the European Court of Human Rights The photos in question 2. The second series of photos a) Caroline on skiing holiday in Switzerland b) Caroline and Ernst August at a horse show and leaving her house in Paris c) Caroline and Ernst August playing tennis or putting their bicycles down Prof. Dr. Michael Jaensch 20
21 Caroline I Before the European Court of Human Rights The photos in question 3. The third series of photos Caroline at Monte Carlo Beach Club dressed in a swimsuit and wrapped in a bathing towel, tripping and falling down - photos taken from afar Prof. Dr. Michael Jaensch 21
22 Caroline II The Facts The press involved - Ehrlich & Sohn publishing company - WZV publishing company Prof. Dr. Michael Jaensch 22
23 Caroline II The Facts The photos in question 1. Photos published in Frau im Spiegel a) Caroline and Ernst August walking in St. Moritz during their skiing holiday followed by an article on her father s serious illness. b) Caroline and Ernst August out for a walk in St. Moritz in a busy street. c) Caroline and Ernst August in a chair lift in Arlberg followed by an article on the Rose Ball hosted by her Prof. Dr. Michael Jaensch 23
24 Caroline II The Facts The photos in question 2. Photos published in Frau Aktuell Basically identical to picture and article under 1 a) Prof. Dr. Michael Jaensch 24
25 Caroline II The Proceedings in the German courts 1. The first set of proceedings a) Hamburg Regional Court, 29 April 2005 injunction granted b) Hamburg Court of Appeal, 31 January 2006 judgment overturned, application to injunction rejected c) Federal Court of Justice, 19 December 1995 injunction against pictures 1. b) und c) d) Federal Constitutional Court, 15 December 1999 judgement of Federal Court of Justice confirmed Prof. Dr. Michael Jaensch 25
26 Caroline II Before the European Court of Human Rights The photos in question 1. Photos published in Frau im Spiegel a) Caroline and Ernst August walking in St. Moritz during their skiing holiday followed by an article on her father s serious illness. b) Caroline and Ernst August out for a walk in St. Moritz in a busy street ruled out. c) Caroline and Ernst August in a chair lift in Arlberg followed by an article on the Rose Ball hosted by her ruled out Prof. Dr. Michael Jaensch 26
27 Caroline II Before the European Court of Human Rights The photos in question 2. Photos published in Frau Aktuell Basically identical to picture and article under 1 a) Prof. Dr. Michael Jaensch 27
28 Caroline I and II The relevant provisions The German Civil Code Law of Torts Prof. Dr. Michael Jaensch 28
29 Caroline I and II The relevant provisions The German Civil Code Law of Torts Prof. Dr. Michael Jaensch 29
30 Caroline I and II The relevant provisions The German Copyright (Arts Domain) Act Prof. Dr. Michael Jaensch 30
31 Caroline I and II The relevant provisions German Basic Law (German Constitution) Prof. Dr. Michael Jaensch 31
32 Caroline I and II The relevant provisions European Convention on Human Rights Prof. Dr. Michael Jaensch 32
33 Caroline I and II The relevant provisions European Convention on Human Rights Prof. Dr. Michael Jaensch 33
34 Caroline I and II The Proceedings in the German courts Law applied by German Courts Regional Court German Civil Code and Copyright Act Court of Appeal German Civil Code and Copyright Act Leave to appeal refused Federal Court of Justice Copyright Act and Copyright Act Federal Constitutional Court German Constitution Prof. Dr. Michael Jaensch 34
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