Facts
Z AG requested the publication of a response in the Luzerner Neusten Nachrichten (LNN) following an article published on January 14, 1988, which stated that Z AG was continuing its activities with franchise contracts, like the former Gem Collection company. Z AG contested this claim, indicating that it only offered training courses and not franchise contracts. The cantonal authorities rejected Z AG's request, considering that its response was manifestly inaccurate. Z AG then appealed to the Federal Tribunal.Considerations
The Federal Tribunal considers that the cantonal authorities have made too broad an interpretation of the notion of "manifestly inaccurate" provided for in Art. 28h para. 2 CC. Indeed, to refuse a response on this basis, the media company must be able to establish immediately and irrefutably that the facts alleged in the response are inaccurate. However, in this case, the cantonal authorities had to conduct an in-depth analysis of the legal, economic and personal relationships between Z AG and its subsidiary Z Vertriebs AG to conclude that the contracts concluded by the latter were in fact franchise contracts. Such an analysis does not allow considering that the response of Z AG was manifestly inaccurate.
Furthermore, the…