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Poland / Court of Appeal / I ACa 2462/15

anonymised

Deciding Body type:
National Court/Tribunal
Deciding Body:
Court of Appeal in Warsaw
Type:
Decision
Decision date:
03/04/2017

Key facts of the case:

The case concerned the description of the search result displayed after entering the name of a businessman X in the Google search engine (a so called ‘snippet’). The search result referred to the article in one of the weeklies about a certain crime group. The description included the name of the businessman and the title of the article: ‘Very poor criminal’. According to the businessman the snippet was misleading as it suggested that he had some links to criminal activity which was not true. In fact, the businessman was one of the positive characters of the article who contributed to breaking up the criminal group. However, the article itself was behind the pay wall so its content – allowing to verify the actual role of the businessman in it - was available only to the subscribers of the online edition of the weekly.

Outcome of the case:

The court ordered Google to remove the link from the search results and to pay 10 000 PLN (5 000 Euros) compensation to the businessman. The judgment is final, however, in theory it can be questioned before the Supreme Court. The case was appealed on 13.12.2018 referred to Appeal Court for re-axmination.