By a final judgment of 26 February 2026, the Warsaw Court of Appeal ordered Jan Śpiewak to issue a public apology to Robert Szustkowski for disseminating false information that infringed his personal rights.
The Court found that Jan Śpiewak had violated Robert Szustkowski’s personal rights and image rights by disseminating false information suggesting that Robert Szustkowski had been involved in the so-called “wild reprivatisation” and that he was a member of an organised criminal group involved in unlawfully acquiring real estate.
The case concerned a 2016 publication known as the “Warsaw Reprivatisation Map,” prepared by the civic association Miasto Jest Nasze. The map presented a network of individuals connected to the Warsaw real estate market and included Robert Szustkowski’s image.
Earlier judgments concerning “Miasto Jest Nasze”
The dispute regarding the infringement of Robert Szustkowski’s personal rights was examined by Polish courts over several years.
In 2019, the Warsaw Court of Appeal held the association Miasto Jest Nasze liable for disseminating false information suggesting Robert Szustkowski’s involvement in the so-called “wild reprivatisation.” The Court ordered the association to publish an apology and to pay PLN 10,000 to charity.
However, the claim against Jan Śpiewak personally was dismissed at that stage.
Earlier still, the Warsaw Regional Court, acting as the court of first instance, had ordered the removal of Robert Szustkowski’s image from the reprivatisation map published online. This part of the judgment became final and was not appealed.
Cassation appeal to the Supreme Court
Following the 2019 judgment, Robert Szustkowski filed a cassation appeal with the Polish Supreme Court concerning the issue of Jan Śpiewak’s personal liability.
Independently, the Commissioner for Human Rights (Ombudsman) filed a cassation appeal concerning standards of protection of personal rights in public debate in connection with the publication of the Warsaw Reprivatisation Map.
In its judgment of 13 October 2022, the Supreme Court set aside the earlier Court of Appeal ruling, including the part concerning Jan Śpiewak, and remitted the case for reconsideration.
In its reasoning, the Supreme Court emphasised, among other things, that the doctrine of corporate bodies does not exempt a natural person acting as a corporate officer from liability for unlawful conduct that harms others. It also indicated that Jan Śpiewak (then Chairman of Miasto Jest Nasze) could be held liable in this case for infringing Robert Szustkowski’s personal rights.
Final judgment against Jan Śpiewak
After reconsidering the case, the Warsaw Court of Appeal found Jan Śpiewak liable for infringing Robert Szustkowski’s personal rights and ordered him to publish an apology and reimburse litigation costs to Szustkowski in the amount of PLN 6,300.
Under the final judgment, the apology must be published:
- on the homepage of the Miasto Jest Nasze association (www.miastojestnasze.org) for three months,
- on the association’s Facebook profile for three months,
- in the online edition of the newspaper Polska The Times in the “Opinions” section for seven days,
- in the print edition of the newspaper Polska Metropolia Warszawska, on page 13.
The judgment must be complied with by 12 March.
Limits of freedom of speech and the public interest
The Court of Appeal’s ruling has significance beyond the dispute between the parties and relates to standards of public debate.
“Freedom of speech and invoking the public interest cannot be used to justify the dissemination of false information that infringes the personal rights of others,”
says legal counsel Elżbieta Kosińska-Kozak, who represents Robert Szustkowski in personal rights litigation.
As she further emphasises:
“This judgment confirms that public debate — even on matters of major social importance — must be based on reliable and verified information. By finding Jan Śpiewak liable in this case, the Court of Appeal confirmed that his statements were unlawful and contained false information.”
Significance of the ruling
The final judgment of the Warsaw Court of Appeal confirms that disseminating false information that infringes the personal rights of others may result in legal liability and an obligation to issue a public apology.
The ruling brings to an end a long-running dispute concerning publications related to the so-called Warsaw Reprivatisation Map and constitutes an important reference point for standards of public debate in matters of significant public interest.