<aucun>
            CONTRÔLE DES DÉGÂTS/DAMAGE CONTROL


Extraits de l'ordonnance de référé du 12 février 2007                               
Excerpts from the summary judgement issued on February 12th 2007
<refere<

by the "Tribunal de Grande Instance de Paris"







SUMMARY JUDGEMENT
issued on February 12th 2007



On the suing of the words and their libellous nature

The wording expresses, in sometimes vigorous terms, the feeling of anger by their author with respect to the position and behavior of the second wife of the artist concerning his estate. These words do not contain however the charge of any precise fact to her, no detail is provided regarding any grievance that would be connected to pending proceedings which themselves were not even brought up.


Under such circumstances, as expressing a simple opinion, even not very flattering and marked by resentment, these words cannot be of any use ina debate to prove their truth and do not qualify as public defamation.

The requests are rejected accordingly

On the use of the name ARMAN
Nothing demonstrates that the use of the name ARMAN in the domain name of the contentious web site, in the animation of which the defendant does not deny her participation and which contains numerous texts written in the name of the artist's children, would constitute a manifestly illicit disorder that would need to be terminated by the judge in chambers.

Concerning the use of this same name in the title "Fondation A.R.M.A.N." of which the creation was announced on the web site, it has not been shown that it is attributable to the defendant, whose responsibility in administering this distinct moral entity not presently in this case, is not even claimed.


The requests made on these grounds will be also rejected

On the offense against intellectual property rights
.... it seems that the reproduction of works of art from the artist on this site does not constitute from evidence required for a summary judgement, a manifest illicit disorder that justifies being stopped by us.

The requests will be consequently rejected ...


ON THESE GROUNDS

After due hearing, the following rulings are given to the clerk of the court
by order where we;

Declare null the summons delivered against Françoise (a.k.a. Marion) FERNANDEZ a.k.a. ARMAN wife of MOREAU in that it is aimed at public insults facts (libel);

Declare null the summons delivered against Marc MOREAU in that it is aimed at violations of the July 29th 1881 law on freedom of the press;




Reject all the claims made ...


Order her to pay costs and pay Françoise (a.k.a. Marion) FERNANDEZ a.k.a. ARMAN wife of MOREAU the sum of 1 500 euros based on the provisions of the article 700 of the new civil proceeding code.

Done in Paris on the 12th of February 2007
   
The Clerck                                                The Judge

A samedi prochain To Next Saturday
Commentaire  
FreeCompteur.com FreeCompteur Live FreeCompteur PageRank