October 2023 – Decision on Action for damages for defamation of personality in the context of family litigation

The plaintiff filed a lawsuit against his ex-wife and her father, alleging that they had made false and damaging statements about him in court. These statements included false accusations of domestic violence, even though he had been previously acquitted of such charges. The defendants also claimed he had a pending criminal case against him, which was not true.

The court initially rejected the defendants’ claim that the lawsuit was unclear but agreed with the plaintiff’s argument that there were grounds to proceed. Eventually, the court found that the defendants had indeed committed defamation and perjury and had violated the plaintiff’s right to his personal reputation. As a result, the court awarded the plaintiff 5,000 euros in moral damages from the first defendant and 1,000 euros from the second defendant.

The court also ordered the defendants to refrain from making any more false and derogatory statements about the plaintiff in the future. If they violated this order, they could face a one-month personal detention and a fine of 500 euros for each offense. Additionally, the defendants were required to pay 1,500 euros of the plaintiff’s legal expenses.

Securing a victory in such a trial is of paramount importance, particularly when facing adversaries who engage in malicious conduct within the courtroom, as it not only vindicates one’s reputation but also underscores the significance of upholding the principles of truth and justice in the legal process. You can find a similar case, handled by our court, here.