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Daniel Obajtek loses to tvn24.pl. The court dismisses his claims in their entirety

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The Court of Appeal in Warsaw dismissed in its entirety Daniel Obajtek’s appeal against the judgment of the District Court in Warsaw, issued in September last year. Obajtek demanded that the words of MP Marek Sowa, which concerned, among other things, his property, be corrected. Tuesday’s verdict is final, the president of Orlen can only appeal against it to the Supreme Court.

At the beginning of September 2022, the District Court in Warsaw dismissed the claim of the president of Orlen, Daniel Obajtek, against the editor-in-chief of www.tvn24.pl for ordering the publication of a rectification, and ordered Obajtek to pay the editor-in-chief of www.tvn24.pl the amount of PLN 737 as reimbursement of the costs of the trial.

It was against this verdict that Obajtek appealed to the Court of Appeal in Warsaw, which was dismissed in its entirety on Tuesday.

What did Obajtek demand?

Obajtek demanded that the correction of the words used in the material be broadcast “Where did the money come from? MP Sowa on the trail of Obajtek’s estate” – an interview with Marek Sowa, MP of the Civic Coalition, broadcast on TVN24 GO on April 19, 2022.

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According to the president of Orlen, the politician gave false information that in the period from 2003 to 2015 Obajtek “spended more than he earned every year and that there was no cover for the creation of his property from that time”. According to Obajtek, all his expenses from that period are covered by his income and he did not spend more than he earned.

The second untrue – as Obajtek stated – the information said in the material by Marek Sowa was that CBA filed a notification about the possibility of committing a crime, indicating that the investments of the head of Orlen are not covered.

The head of Orlen also requested that the defendant be awarded the reimbursement of the costs of the trial.

Daniel ObajtekPAP/Marcin Obara

What did the court decide in September’s ruling?

In its judgment, the district court noted: that “the claimant’s demand is aimed directly at interfering with the press material published by the defendant, which is unacceptable also in view of the scope of copyright to this work” .

The Court of Appeal upheld the decision of the Warsaw district court dismissing Obajtek’s claim in its entirety and additionally emphasized the lack of passive legitimacy of the defendant in this case (Obajtek sued the wrong person).

Main photo source: PAP/Marcin Obara

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