Facts
The plaintiff, Ludwig A. Minelli, brought an action for a declaratory judgment against the defendant, Jean Frey AG, publisher of the newspaper « Die Weltwoche », to have it declared that the publication of an article about him in the newspaper constituted a violation of his right to personality. The article in question contained a photograph of the plaintiff and a title that referred to him as a « poacher ». The plaintiff also requested that it be declared that the publication of his photograph and excerpts from his fax to the defendant were illegal.
The cantonal court dismissed the plaintiff's claim, considering that the publication of the article and the photograph was justified by a prevailing public interest. The plaintiff appealed to the Federal Court, which dismissed his appeal.
Considerations
1. Interest in Declaratory Relief
The Federal Court considered that the plaintiff had an interest in declaratory relief, as the publication of the article and the photograph could still have negative effects on his personality. The court also considered that the severity of the violation of personality was not a determining criterion for evaluating the interest in declaratory relief.
2. Justification of the Violation of Personality
The Federal Court considered that the publication of the article and the photograph was justified by a prevailing public interest, as the plaintiff was a public figure and the article concerned his professional activity. The court also considered that the title of the article, which referred to the plaintiff as a « poacher », was a metaphor that did not constitute a violation of personality.
3. Right to One's Image
The Federal Court considered that the right to one's image was a component of the right to…