Liability of a Supervisory Board Member for Infringement of Personality Rights by Omission

Facts

A. resides in U. (ZH) and was the Chairman of the Supervisory Board of the Latvian company C. with its registered office in V. The B. SA sued A. before the District Court of Meilen for infringement of its personality rights due to statements in which A. was quoted in press releases of the company C. and on Latvian online media portals. The District Court and the High Court of the Canton of Zurich upheld the claim.

A. (the appellant) appeals to the Federal Supreme Court and requests that the judgment be set aside and the claim of B. SA (the respondent) be dismissed.

Considerations

The Federal Supreme Court upholds the appeal. It finds that the lower courts wrongly held the appellant responsible for participating in the infringement of personality rights within the meaning of Art. 28 para. 1 ZGB, without specifically explaining wherein a breach of a legal duty of the appellant as a member of the Supervisory Board of company C. consisted.

For the question of whether the appellant had a duty to intervene, the articles of association of company C. are decisive according to Art. 154 para. 1 in conjunction…