Personal interest, case I CSK 346/08

March 22nd, 2010, Tomasz Rychlicki

Roman Giertych issued critical opinions of the former Polish politician Jacek Kuroń, who died in 2004. Mr Giertych was sued by a son and a brother of Mr Kuroń. The Supreme Court in its judgment of 23 September 2009 case file I CSK 346/08 held that legal protection of personal interest in the form of the cult of the memory of the deceased person, is not dependent on the protection of personal rights and interests of that person, if such protection would have been afforded to this person when he or she was alive. Mr Giertych was found guilty. The Court ordered him to publish apology in the press, and to pay a compensation.