Facts
The dispute opposes the Philanthropische Gesellschaft Union, a private association, and H. Metzler, a directory publisher, who published a directory of the association's members without its consent. The association and three of its members brought a lawsuit to stop the publication and distribution of the directory, as well as to obtain the copies in the publisher's possession.
The District Court of St-Gall granted the request, but the publisher appealed to the Cantonal Court of St-Gall, which dismissed the appeal. The publisher then filed a complaint with the Federal Court.
Considerations
The Federal Court examined the question of whether the publication of the directory of the association's members constituted an infringement on the members' and the association's privacy. It considered that privacy is a fundamental right that protects individuals against unauthorized interference in their private sphere.
The Federal Court estimated that membership in a private association, such as the Philanthropische Gesellschaft Union, is part of the members' private life and that the publication of the directory without consent constitutes an infringement on this private life. It also considered that the association itself has a legitimate interest in protecting the confidentiality of its members.
The Federal Court rejected the publisher's arguments, according to which the publication of the directory was justified by a public interest or…