Facts
Rudolf Hofmann, domiciled in Wetzikon, manufactures and sells agricultural machinery, a portion of which comes from Eastern Europe. In October 1961, he supplied the Bührer company in Winterthur with a Toron brand hay blower of Czechoslovakian origin to be exhibited at the OLMA agricultural fair. The Authorisation and Admission Commission of the Swiss Agricultural Machinery Association believed this blower was of foreign origin and therefore requested that OLMA remove it from the exhibition. On 2 March 1962, a large advertisement was published in the "Zürcher Oberländer" newspaper, accusing Hofmann of attempting to exhibit foreign (i.e. Eastern) articles without informing the fair organisation, which would have resulted in his expulsion from his stand. Hofmann, who was a municipal councillor in Wetzikon, was not re-elected in the municipal elections on 4 March 1962. On 5 October 1962, he filed an action against Weber, the director of the printing company responsible for the advertisement, to have it determined that he had been unlawfully harmed in his personal relations.Considerations
The Federal Tribunal considers that the advertisement has unlawfully infringed on Hofmann's personality. Although the information that Hofmann was excluded from OLMA for attempting to exhibit foreign products is true, the advertisement also accuses him of trying to deceive the fair organisation without informing the management, which is false. This allegation portrays him in a contemptible manner and seriously harms his honour, particularly at a time when he was a candidate…