Legislator Case Law & Legislation
I PK 120/10 AI generated

County liability for official's personal insult upheld under Civil Code Article 24.

Case Number I PK 120/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the county against a lower court judgment ordering compensation for personal rights infringement. The plaintiff, a school director, claimed the county official's public statement that she 'should have submitted a financial declaration' constituted a defamatory insult. The court ruled that while the official had a right to criticize the plaintiff's professional conduct, the specific phrasing used was overly general and disproportionate to the public interest served. Consequently, the court affirmed the lower court's finding that the official's remarks violated the plaintiff's personal rights, thereby establishing the county's liability.

Legislator headnote

AI generated

Art. 24 k.c.; Art. 398 § 1 k.p.c.: A public official's statement criticizing a professional's conduct may constitute a violation of personal rights if the phrasing is disproportionately general, pejorative, or fails to maintain necessary restraint in the public sphere.

Keywords

AI generated
personal rights infringement public official liability defamatory statement proportionality test county authority responsibility professional criticism cassation appeal dismissal

Cited Legislation

AI generated
Art. 24 k.c.
Art. 398 § 1 k.p.c.
art. 24 k.c
art. 448 k.c
art. 17 pkt 1 k.p.c
art. 3 k.p
art. 38 k.c
art. 378 § 1 k.p.c
art. 194 § 1 k.p.c
art. 350 § 1 k.p.c

Cited Case Law

AI generated

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