Pegasus case: Germany’s federal court rejects Morocco’s appeal

Wednesday 25 February 2026 - 13:00

By: Sahili Aya

Pegasus case: Germany’s federal court rejects Morocco’s appeal

Germany’s highest civil court has dismissed Morocco’s appeal against two German media outlets accused of defamation in connection with the Pegasus spyware controversy. The ruling marks the end of a legal battle that began after reports alleging that Moroccan authorities had used the Pegasus surveillance software to target prominent European leaders.

In a decision issued on February 24, the Bundesgerichtshof (Federal Court of Justice) confirmed earlier judgments by lower courts in Hamburg, concluding that a foreign state cannot claim personal reputation rights before German courts in the same manner as an individual.

Morocco had filed complaints against Zeit Online and Süddeutsche Zeitung over articles published in July 2021. The reports referenced allegations that Moroccan services may have used Pegasus spyware to monitor several European officials, including French President Emmanuel Macron, former Belgian Prime Minister Charles Michel, and Spanish Prime Minister Pedro Sánchez.

Rabat has consistently denied acquiring or deploying Pegasus and argued that the publications seriously damaged its reputation as a sovereign state. However, the German court ruled that states do not possess a “general right of personality” comparable to that of private individuals. According to the judges, neither German civil law nor international law grants a foreign government the authority to demand the removal of allegedly reputationally harmful statements made by domestic media.

The court further emphasized that international legal norms do not impose a broad obligation on states to shield other governments from reputational harm outside the framework of diplomatic and consular law. It also rejected arguments based on German criminal defamation statutes, noting that such provisions are designed to protect individuals and domestic public authorities, not foreign states.

The decision upholds earlier rulings by the Hamburg Regional Court in June 2022 and the Higher Regional Court in November 2023. Legal observers say the judgment reinforces the principle of press freedom while clarifying the limits of reputation-based claims brought by sovereign states before German courts.

The Pegasus affair has sparked multiple legal and political debates across Europe since 2021, raising broader questions about surveillance practices, digital security, and state accountability.