A statement issued this afternoon the Palace said: "St James's Palace confirms that legal proceedings for breach of privacy have been commenced today in France by The Duke and Duchess of Cambridge against the Editor and Publishers of Closer Magazine."
The editor remained defiant today, despite the Royal couple's condemnation of a "grotesque" invasion of their privacy.
The Duke and Duchess are furious that the French magazine Closer has published the photographs, taken during their holiday in Provence last month, saying it was “unthinkable” anyone should print them.
They appeared grim faced as they emerged from the VIP lounge at Kuala Lumpur International Airport onto a red carpet heading for the tarmac to continue their tour of south-east Asia.
However, amid a mounting global backlash, the magazine's editor Laurence Pieau, defended publishing the photographs of the "splendid" couple.
She described the fallout as an "over-reaction" from critics and the Royal household.
"There's been an over-reaction to these photos. What we see is a young couple, who just got married, who are very much in love, who are splendid," she told French television.
"She's a real 21st century princess. It's a young woman who is topless, the same as you can see on any beach in France or around the world."
She later added: "These photos are not in the least shocking. They show a young woman sunbathing topless, like the millions of women you see on beaches. It's still on the Internet. That shocked no-one."
Closer has a world exclusive on the topless photos but plans to offer them for sale to other magazines across the globe, said Pieau. She declined to say how much her magazine paid for the images.
She said the terrace of the plush Viscount Linley villa where Catherine was pictured sunbathing with her husband was clearly visible from a nearby road.
The photos, which have not been published on the magazine's website, were taken "by a professional photographer with whom we have previously worked," she added.
The magazine was informed of the arrival of the royal couple in nearby Marseille on a scheduled British Airways flight, she said.
The British magazine Closer, which is entirely separate from the French title, distanced itself from its namesake after a flood of online criticism over the photographs.
It said in a statement it had no intention of publishing the photos and that the two titles were run by completely different companies, with the British one run by Bauer Media.
Pieau's defiance came after a statement from St James’s Palace, produced in consultation with the couple, likened the long-lens pictures to “the worst excesses of the press and paparazzi during the life of Diana, Princess of Wales”.
Aides said the “level of intrusiveness” meant “a red line has been crossed”.
Traditionally, the Royal family never take legal action against the media, but the pictures are perhaps the most intrusive ever published of a senior member of the Royal family and the Duke and Duchess now appear to have decided enough is enough.
In the most strongly-worded statement to come from the Royal family in years, a spokesman for St James’s Palace said: “Their Royal Highnesses have been hugely saddened to learn that a French publication and a photographer have invaded their privacy in such a grotesque and totally unjustifiable manner.
“The incident is reminiscent of the worst excesses of the press and paparazzi during the life of Diana, Princess of Wales, and all the more upsetting to The Duke and Duchess for being so.
“Their Royal Highnesses had every expectation of privacy in the remote house. It is unthinkable that anyone should take such photographs, let alone publish them.
“Officials acting on behalf of Their Royal Highnesses are consulting with lawyers to consider what options may be available to The Duke and Duchess.”
The Royal couple, who are currenly on a nine-day Diamond Jubilee tour of the Far East, reacted with “anger and disbelief” when they were told the pictures had been published.
The couple were enjoying a short break at the Chateau D’Autet, owned by Lord Linley, the Queen’s nephew, in Luberon, when the pictures were taken.
The Duchess is seen looking relaxed and happy in the pictures as she wears nothing but a pair of bikini bottoms, while William is in a pair of shorts.
Closer claimed the swimming pool was in full view of a public road, and sources in the area have said that even local French newspaper photographers who have nothing to do with the international paparazzi were able to stand on the road and take pictures.
The magazine’s front cover says: “World Exclusive; Kate and William in Provence”, adding: “The Duchess of Cambridge topless on the terrace of a guest house in Luberon!..Discover the incredible pictures of the future Queen of England as you've never seen her before ... and as you will never see her again!”
The Duke can be seen in the picture reading what looks like an Apple iPad, as the Duchess concentrates on sunbathing.
The hotel in which they were staying is set in 640 acres of rolling countryside and surrounded by fields of lavender.
Close to the medieval village of Viens, it is a highly profitable business aimed at upmarket holidaymakers, and can house 17 people in four separate properties.
It is based around a 19th Century hunting lodge, which the Viscount, who makes bespoke furniture, lovingly restored.
The lodge was bought by the Linleys in 1999 after they were introduced to the area by Peter Mayle, the author of the bestselling book A Year in Provence.
France has some of the strictest privacy laws in the world, but there is a growing celebrity magazine industry which is prepared to accept the very small fines which those in the public eye can win if they take legal action.
French Closer was launched in June 2005 as a version of the British Closer, which is owned by UK publishing company Emap.
It was sold in August 2006 to Mondadori France, a subsidiary of an Italian company, and now sells around 400,000 copies a week.
Values have completely been eroded. There's nothing like the sanctity of marriage anymore. Now it's a thing of pride to expose someone else's wife in public.
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