Personal interest, case I CSK 217/09

February 26th, 2010, Tomasz Rychlicki

The Supreme Court in a judgment of 28 January 2010, case file I CSK 217/09, held that the continuity and repetition of violations of reputation in a certain time interval justifies the possibility of drafting the press apology as provided for in Article 24 § 1 sentence II of the Civil Code in a suitably concise and more general way, that is sufficient for defining the legal contours of (substance/essense) the press tort, its perpetrator, the nature of the tort, statements about the harmed person that were affecting the reputation of his business.

Article 24
§ 1 The person whose personal interests are threatened by someone else’s action, may require the desist of that action, unless it is not illegal. In the event of the infringement one may also require, the person who committed the violation, to fulfill the actions necessary to remove its effects, in particular, to make a statement of the relevant content and appropriate format. According to the conditions laid down in the Code one may also require monetary compensation or payment of an appropriate amount of money for a social purpose indicated.
§ 2 If as the result of a breach of personal interests one has suffered pecuniary prejudice, the aggrieved person may claim compensation based on general principles.
§ 3 The above shall not prejudice the entitlements provided by other regulations, in particular in copyright law and the patent (invention) law.

The Court ruled that the infringement of the plaintiff’s personal interest/rights (his commercial reputation and the firm) was the result of the unacceptable “opinions” and “suggestions” issued by the defendant.