The case concerns a dispute over a historical publication describing wartime events involving Jews, in which the claimant alleged that portraying her relative as co responsible for the killing of Jews violated the cult of memory of the deceased; the appellate court overturned the earlier judgment and dismissed the claim, holding that the publication formed part of legitimate scholarly research on the Holocaust and Polish Jewish relations, that courts cannot adjudicate historical truth or impose standards on academic methodology, and that freedom of scientific research and expression prevails unless there is clear bad faith or falsification, even in sensitive matters involving Jewish victims.
Art. 23, Art. 24 § 1 Civil Code
Art. 233 § 1, Art. 235 § 1, Art. 385, Art. 386 § 1, Art. 98 § 1, Art. 102 Code of Civil Procedure
Art. 10 European Convention on Human Rights
Art. 54, Art. 47, Art. 31 § 3 Constitution of the Republic of Poland