AK Veteran’s Lawsuit Against ZDF Reaches European Court of Justice
The Court of Justice of the European Union has issued a preliminary ruling regarding a lawsuit filed by an AK veteran and the World Association of Home Army Soldiers against German broadcaster ZDF...
The Court of Justice of the European Union has issued a preliminary ruling regarding a lawsuit filed by an AK veteran and the World Association of Home Army Soldiers against German broadcaster ZDF over the series “Our Mothers, Our Fathers.”
Table Of Content
The Core of the Dispute
96-year-old Home Army (AK) veteran Zbigniew Radlowski and the World Association of Home Army Soldiers sued German broadcaster ZDF, arguing that the series “Our Mothers, Our Fathers” infringed on their personal rights. The complainants specifically cited scenes depicting Home Army soldiers as antisemites, a series which aired in Germany and Austria before being broadcast on Polish television in 2013.
One contested scene involves an attack by AK soldiers on a train. Upon discovering prisoners in striped uniforms inside, the soldiers abandon them after remarking that they are Jews, and therefore “worse than communists.”
Judicial Jurisdiction and Territorial Damage
The Polish Supreme Court, currently reviewing a cassation appeal, requested clarification from the Court of Justice of the European Union (CJEU) regarding jurisdiction. The court sought to determine whether Polish courts could rule on claims for damages resulting from broadcasts across multiple member states, both on television and online.
The CJEU ruled that a victim cannot sue for total damages in the country where their “center of interests” is located, such as Poland. Instead, legal actions for damages are limited to the specific territory where the harm occurred, while a claim for full compensation for all damages must be filed in the country where the defendant is based—in this case, Germany.
Distinctions in Online Content
Regarding internet dissemination, the CJEU noted that Polish courts could only hear a full damages claim if the content allows for the clear identification of the affected individual. The court indicated this criterion is not met for the veteran, as the series does not allow for his individual identification, even indirectly, simply through his membership in the military formation.
The situation differs, however, for the association tasked with defending the dignity and memory of the Home Army.