Case C-232/25, Idziski: Request for a preliminary ruling from the Sąd Najwyższy (Poland) lodged on 27 March 2025 – Z.R., Ś. v U., Z.
Date: 2025-03-27
Institutions: Court of Justice
Subjects: EU Member State, broadcasting, cinema, ex-serviceman, film production, fundamental rights, indemnification, judicial cooperation in civil matters in the EU, jurisdiction, military personnel








C_202503402EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/3402


30.6.2025






Request for a preliminary ruling from the Sąd Najwyższy (Poland) lodged on 27 March 2025 – Z.R., Ś. v U., Z.


(Case C-232/25, Idziski)
                (1)

(C/2025/3402)
Language of the case: Polish

Referring court

Sąd Najwyższy

Parties to the main proceedings


Appellants: Z.R., Ś.

Respondents: U., Z.

Questions referred







1.


Must Article 5(3) in conjunction with recitals 11 and 12 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (2) be interpreted as meaning that in a case concerning the infringement of personality rights on the grounds of the content of a cinematographic work, the courts in a Member State in which the film was broadcast, which is different to the Member State in which the film was produced, have international jurisdiction to decide an action seeking:






(a)


non-pecuniary performance aimed at remedying the consequences of the infringement of personality rights, including an order for a statement containing an apology to be issued by the television channels that broadcast the film, regardless of the location from which it was broadcast, and also to be displayed on websites, as well as an order to display a similar statement prior to any broadcast of the film, regardless of the location from which it is broadcast, or










(b)


pecuniary performance (compensation) aimed at making good the entirety of the damage suffered in connection with the infringement of personality rights, inter alia in connection with the dissemination (broadcasting) of the film in other Member States,








having regard to the fact that:






—


the applicants have their centre of interests and place of residence (head office) in that Member State,










—


the applicants assert that their personality rights have been infringed as a result of the way in which the film depicts the soldiers belonging to a military unit from that Member State ([…]), whereby one of the applicants is a former soldier of that military unit, and the other is an association of former soldiers of that military unit, the particular aim of which, according to its articles of association, is to defend the memory, historical truth and dignity of that unit;










—


given the historical, cultural and social context, the content of the film, including the way in which the soldiers of the abovementioned military unit ([…]) are depicted is objectively of considerable importance for the territory of that Member State?










2.


In the event that the first question is answered in the negative, should Article 5(3) in conjunction with recitals 11 and 22 of Council Regulation (EC) No 44/2001 be interpreted as meaning that in a case concerning the infringement of personality rights on the grounds of the content of a cinematographic work, the courts in a Member State in which the film was broadcast that is different to the Member State in which the film was produced have international jurisdiction to decide an action seeking:






(a)


non-pecuniary performance aimed at remedying the consequences of the infringement of personality rights that occurred in connection with the broadcasting of the film in the Member State where the action was brought, including an order for an apology to be issued in this Member State, and also an order to display a corresponding statement prior to any broadcast of the film in that Member State, or










(b)


pecuniary performance (compensation) aimed at making good the damage suffered in connection with the infringement of personality rights as a result of the dissemination (broadcasting) of the film in the Member State where the action was brought,








having regard, where necessary, to the circumstances referred to in Question 1(1)–(3)?


(1)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

(2)  
            OJ 2001 L 12, p. 1.


ELI: http://data.europa.eu/eli/C/2025/3402/oj
ISSN 1977-091X (electronic edition)