Key legal question
Whether the burden of proof under Art. 8 CC was wrongly shifted to the journalist for the truth of the published statements
Extracted holding
The burden of proof issue did not justify the cantonal finding; the challenged inaccuracy could not be overturned on that ground, and some parts of the complaint were actually about evidence appreciation.
Extracted reasoning
In a civil unfair-competition case the injured party generally bears the burden of proof; the cantonal court did not base its findings on a general reversal of proof, and for the disputed telephone conversation there was no true one-sided evidentiary situation. Where the facts were established by the cantonal court, Art. 8 CC was no longer decisive.