The operative part of uniformity decision no. 2/2024 JPE

on the unlawfulness of a court decision that has been amended, quashed or annuled as a result of a legal remedy, and affects or restricts personality rights

In uniformity proceedings conducted on the basis of a motion for preliminary ruling submitted by the Curia’s Panel No. Pfv.4, the Curia’s Uniformity Complaint Panel has made the following uniformity decision: 

  1. The court decision – which was amended, quashed or annulled as a result of a legal remedy, and affects or restricts personality rights – does not in itself constitute an infringement of personality rights.
  2. The Curia’s Adjudicating Panel No. Pfv.4 may depart from decision No. Pfv.20.953/2021/4, which was published in the Collection of Court Decisions and which may no longer be invoked as binding.