Facts
The Church of Scientology of Lausanne requested the Civil Court of the Vaud Cantonal Tribunal, by way of a request for provisional measures, to prohibit the Éditions Sélection du Reader's Digest from publishing and distributing in Switzerland an article that it considered defamatory and false. The investigating judge granted the request, but the respondent disregarded the prohibition. The Church of Scientology then requested that the respondent be required to publish a correction. The Civil Court rejected this request for provisional measures.Considerations
The Federal Tribunal considers that the public law appeal is in principle admissible, as the decision on provisional measures is a final decision and its rejection could cause irreparable harm to the Church of Scientology, which would no longer be able to challenge this decision with the judgment on the merits.
On the merits, the Federal Tribunal acknowledges that Art. 28c para. 3 CC, which allows the judge to prohibit or order the cessation on a provisional basis of an infringement by the periodical media, is applicable to the request for correction. Indeed, the correction is a means of…