Newsletter January 2024 | Right to compensation for violation of personal rights for legal persons

Resolution of the Supreme Court

On 3 October this year. 3 October this year, the Supreme Court adopted a resolution (ref. III CZP 22/23), according to which a legal person (company, foundation, association, etc.) may demand that the person who violated its personal rights pay compensation for the harm it suffered.

The case law relating to the possibility of also awarding damages to a legal person is not uniform. Two opposing views have developed in this respect, according to which:

• only the natural person can claim compensation, because only the natural person feels emotions and therefore only the natural person can claim compensation for non-material damage;
• a legal person may also claim compensation since, although it does not suffer harm, its personal interests may have been unlawfully violated and it is therefore entitled to claim compensation.

The resolution issued thus provides grounds for legal persons to seek redress in connection with infringements of their personal rights (e.g. online).

Author:
	advocate Katarzyna Gelo