On 3rd of October 2023, in the case conducted under the reference III CZP 22/23, the Supreme Court adopted a resolution, according to which the provision of Article 448 § 1 of the Civil Code applies, in accordance with the disposition of the provision of Article 43 of the Civil Code, also to legal entities.
According to the wording of the provision of Article 448 § 1 of the Civil Code, in the event of violation of a personal good, the court may award to the person whose personal good has been violated an appropriate sum as monetary compensation for the harm suffered, or award an appropriate sum of money to the social purpose indicated by him, regardless of other measures needed to remove the effects of the violation. However, according to the disposition of the provision of Article 43 of the Civil Code, the provisions on the protection of personal rights of natural persons shall be applied mutatis mutandis to legal entities.
Thus, the above-mentioned resolution confirms the possibility of granting a legal person compensation in money if there has been a violation of his personal property, in particular, for example, his good name, also in a situation where no property damage has occurred. Such a possibility has so far been the subject of controversy and many extremely different statements in doctrine and case law.
In connection with the resolution, it should be expected that it will shape the content of future rulings by common courts, ensuring that legal entities, including companies, associations or foundations, can effectively enforce their rights.