A Polish war veteran feels his rights have been violated by depictions in a German historical drama series. Can he sue for damages before Polish courts? That depends, the European Court of Justice (ECJ) responds.
A Polish war veteran and a veterans' association, who are taking action against the makers of the ZDF series "Unsere Mütter, unsere Väter" (Our Mothers, Our Fathers), cannot automatically claim full damages for violation of personal rights in Poland. The European Court of Justice (ECJ) in Luxembourg made that clear (judgment of 18 June 2026, Case C-232/25).
The three-part war drama was broadcast in several EU countries, including on Polish television, for the first time in 2013. It is also available on the internet. The former member of the Polish Home Army (AK), an armed underground movement resisting the German occupiers in World War II, and the association of former AK members criticize the portrayal of Poland's Home Army in the series. It is alleged to attribute shared responsibility for crimes against the Jewish people. The veteran and the association sued the producers, ZDF and UFA Fiction, for damages and an apology.
A Polish court initially ordered the producers to issue an apology. The Supreme Court in Poland, which was later dealing with the case, had doubts about the jurisdiction of Polish courts and referred questions to the ECJ on international jurisdiction. This is regulated by the Brussels I and Brussels Ia Regulations.
Internet content: plaintiff must be identifiable
Specifically, the Supreme Court wanted to know whether Polish courts have jurisdiction for claims for damages when a series has been broadcast both on television in several member states and on the internet.
The judges at the ECJ distinguished in their ruling between content broadcast on television and content distributed on the internet. Polish courts could only decide on the entire damage in the case of internet content – and only if the affected person is identifiable in that content. That likely applies only to the association, according to a press release from the Court. This is supported by its task of safeguarding the dignity and reputation of the Home Army. The former soldier, on the other hand, is presumably not identifiable, according to the ECJ. Mere membership in a military formation is not sufficient for that.
Television content: only partial damages in the country of broadcast
For television series, the jurisdiction of Polish courts is limited to the damage incurred within their respective territory, the press release continues. Courts of the member state where the plaintiff's center of interests is located are generally not competent.
Full damages can therefore be claimed in the country where the defendant has its seat. In this case, it depends on the seat of the producers, which is in Germany.
The Polish Supreme Court must now decide the specific case, taking into account the ECJ's guidelines. According to UFA, further proceedings remain to be seen. The production company says it trusts that the court in Warsaw "will give due consideration to artistic freedom." The portrayal of fictional Polish characters was in no way intended to relativize historical facts or the responsibility of the Germans.
dpa/mk/LTO editorial team
