Ms Sayn-Wittgenstein claims that Juan Carlos had first used Spanish secret service operatives to intimidate her in 2012 and became hostile when she later refused to resume their relationship and return €65 million he signed over to her as an “irrevocable gift”.

Juan Carlos’s lawyers argued that he enjoyed immunity for any actions before his abdication as head of state, and is covered by his status as honorary king and a member of the household of the current Spanish monarch, Felipe VI.

Although Juan Carlos denies having committed acts such as using the Spanish National Intelligence Agency and private security contractors to conduct surveillance at Ms Sayn-Wittgenstein’s Monaco apartment, he could, his lawyers claimed, freely do without fear of prosecution as part of his public position as head of state.  

“Such alleged conduct, even if abusive or harmful, would have been in His Majesty’s official capacity,” the defendant’s argument reads.

Lawyers for Ms Sayn-Wittgenstein countered that a head of state cannot break the law in relation for personal motives, and that he is not covered by sovereign immunity after abdicating. They also note that Juan Carlos is not a member of King Felipe’s household as he has his own residence, finances and, since 2020, has lived in exile in Abu Dhabi.