Directory Publisher Accusations and Personality Rights

The appellate court reviewed whether the use of specific keywords like "Adressbuch Betrug" (directory fraud) and related strong accusations on the defendant's website against the plaintiff, a directory publisher, violated personality rights (Art. 28 ZGB) or unfair competition law (Art. 2 and 3 lit. a UWG). The court reasoned that the defendant's internet publication functions similarly to a press expression, allowing for the application of press and opinion freedom standards, where simplifications are permissible as long as they do not paint a substantially false picture of the competitor. Given the undisputed facts showing the plaintiff used misleading application forms implying free listings before charging high fees, the court found the strong, albeit sensational, terms used to describe this deceptive practice were not unnecessarily injurious or unfounded, as they related to the core, uncontradicted conduct, thus upholding the lower court's decision against a finding of personality infringement or unfair competition.