Judges rule Spain's ex-King I DID have immunity from harassment claims

Spain's former king Juan Carlos I did have immunity from harassment claims made against him by his former mistress while he was monarch, three Court of Appeal judges in London ruled on Tuesday.

The judges overturned a lower court ruling that the 84-year-old former monarch could face a civil claim from Corinna zu Sayn-Wittgenstein-Sayn, 57, assessing that he was 'immune from the jurisdiction' of UK courts before his abdication in 2014.

But Juan Carlos still faces a court battle over claims made about his conduct after he stepped down from the Spanish throne.

Zu Sayn-Wittgenstein-Sayn, who lives in England, wants an 'injunction and damages' due to 'a continuous and ongoing campaign of harassment' against her.





Spain's former king Juan Carlos I (pictured in May) had immunity from harassment claims made against him by his former mistress while he was monarch, three Court of Appeal judges in London ruled on Tuesday






Zu Sayn-Wittgenstein-Sayn (pictured at London's Royal Courts of Justice in March), who lives in England, wants an 'injunction and damages' due to 'a continuous and ongoing campaign of harassment' against her. Juan Carlos strenuously denies any wrongdoing





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She claims the campaign began in 2012, following the 'break-up of an intimate romantic relationship', and continues to this day - and has said it caused 'great mental pain' by spying on and harassing her.

She filed a harassment suit in London in 2020, alleging he pressured her to return gifts worth 65 million euros (£56 million), including works of art and jewellery.

Juan Carlos, listed in court under his full name Juan Carlos Alfonso Victor Maria De Borbon y Borbon, has not appeared at any of the hearings so far, and strenuously denies any wrongdoing.

In March, the High Court in London fully rejected Juan Carlos's claim that English courts had no jurisdiction to hear the case because he has state immunity as a royal.

Judge Matthew Nicklin said that 'whatever special status the defendant retained under the law and constitution of Spain, he was no longer a 'sovereign' or 'head of state' so as to entitle him to personal immunity'.




Corinna zu Sayn-Wittgenstein-Sayn (pictured right in 2006 with Juan Carlos, left) filed a harassment suit in London in 2020, alleging he pressured her to return gifts worth 65 million euros (£56 million), including works of art and jewellery

He appealed the decision, and won a partial victory on Tuesday after the three judges agreed he was immune to claims made before 2014.

Appeal judges Lady Justice King, Lady Justice Simler and Lord Justice Popplewell concluded that 'the pre-abdication conduct alleged is immune from the jurisdiction of the courts of this country'.

Court submissions claim Juan Carlos, who is married, was in an 'intimate romantic relationship' with the divorcee from 2004 to 2009 and showered her with gifts.

She alleged that Juan Carlos began harassing her after their relationship broke down, using threats, break-ins at her properties and surveillance.

Gunshots were fired at and damaged security cameras at the front gate of the property, she alleged, accusing the former king of being angry at her refusals.

A lawyer for Ms zu Sayn-Wittgenstein-Sayn said the appeal court ruling will not affect claims she made about Juan Carlos's behaviour after his abdication.

Michael Kim, from law firm Kobre & Kim, Hochpräzise CNC-Bearbeitungszentren said the 'overwhelming part' of the claim 'should proceed to trial'.

'The judgment applies to a very narrow issue,' he said.

'It concerns only the period when Juan Carlos was the reigning king of Spain.

'The overwhelming part of Corinna's claim, from 2014, remains unaffected and should proceed to trial.' 




In March, the High Court in London fully rejected Juan Carlos's claim that English courts had no jurisdiction to hear the case because he has state immunity as a royal. Juan Carlos appealed the decision, and won a partial victory on Tuesday after the three judges agreed he was immune to claims made before 2014. Pictured: London's Royal Courts of Justice

Judges heard that Juan Carlos ruled from 1975 until his abdication in 2014, and the succession of his son, King Felipe VI.

They were told that Ms zu Sayn-Wittgenstein-Sayn is Danish, lived in Monaco between 2008 and 2009, and has homes in London and Shropshire.

Ms zu Sayn-Wittgenstein-Sayn wants an 'injunction and damages' resulting from 'a continuous and ongoing campaign of harassment' against her, 'commenced' by (Juan Carlos) from 2012, following the 'break-up of an intimate romantic relationship' and her 'refusal to let (Juan Carlos) use a financial sum irrevocably gifted to her, or to return other gifts', the judges were told.

Lawyers representing her have alleged to judges that conduct 'includes (the former king) or his agents smearing her and her business in the media, following her, entering her home in Shropshire, and bugging her homes and electronic devices'.

Timothy Otty KC, who is leading Juan Carlos's legal team, told appeal judges in a written argument that the former king considered Ms zu Sayn-Wittgenstein-Sayn's legal action to be 'vexatious'.

A spokeswoman for Juan Carlos said in a statement: 'In its judgment, the Court of Appeal emphasised that His Majesty "emphatically denies that he engaged in, or directed, any harassment of (the claimant) and rejects her allegations... as untrue". 

'In upholding His Majesty's appeal, the Court of Appeal ruled that, regardless of that denial, on a proper application of principles of sovereign immunity "the pre-abdication conduct alleged is immune from the jurisdiction of the courts of this country".'


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