Question juridique clé
Whether the reader letter unlawfully infringed Pierre Keller's personality rights under Art. 28 CC
Solution extraite
The letter went beyond protected criticism by conveying a false factual insinuation about Keller's artistic and professional conduct at ECAL, which was unlawful.
Motifs extraits
The court held that while value judgments and sharp criticism are protected, the decisive passage suggested as a factual matter that ECAL students had to produce sexual or sadomasochistic works to please Keller. That assertion was objectively false and damaged Keller's professional reputation.