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CH
Art. 266 Codice di diritto processuale civile svizzero (CPC) - Misure nei confronti dei mass media
CPC; Parte seconda: Disposizioni speciali; Titolo quinto: Procedura sommaria; Capitolo 5: Provvedimenti cautelari e memoria difensiva
Art. 266 CPC · Misure nei confronti dei mass media
Nei confronti dei mass media periodici il giudice può ordinare un provvedimento cautelare soltanto se: a. l’attuale o incombente lesione dei diritti dell’instante è tale da causargli o da potergli causare un pregiudizio grave; b. manifestamente non vi è alcun motivo che giustifichi la lesione; e c. il provvedimento non appare sproporzionato.
Decisioni giudiziarie che applicano questa disposizione (117)
22 04 116 · lu (§ 266 lit. a ZPO)
Hague Convention Return Denial Upheld Based on Children's Will
Cited in the reasoning to assess whether the reasoning of the lower court regarding the child's will constituted arbitrary treatment.
C/15035/2025 · ge (Art. 266 CPC)
Physician's Bid to Silence Journalist Over Suspended License Rejected
Used as the specific legal basis for assessing the conditions for granting provisional measures against a periodical medium, which were also found not to be met.
HSU.2025.12 · ag (Art. 266 ZPO)
Danish Individual Denied Injunction Against Media Publication on Privacy Grounds
Imposes stricter conditions for ordering precautionary measures against periodically appearing media.
C/19887/2023 · ge (art. 266 CPC)
Industrial Site Contamination Reporting Injunction Appeal
This provision concerns the conditions for ordering provisional measures against a periodical medium, which were relevant for the decision to confirm the rejection of the initial request.
86----------- · vd (Art. 266 CPC)
Appellant v. Online Publication: Provisional Measures for Removal of Tax Evasion Report
This article contains the conditions under which provisional measures can be ordered against a periodical medium, which the court found to be realized in order to grant the removal of the article.
HE220100 · zh (Art. 266 ZPO)
Applicant v. Media Company (Preliminary Injunction on Publication)
This provision concerning precautionary measures against media was central to the court's decision to dismiss the application.
C/6811/2022 · ge (art. 266 CPC)
Appellant v. Respondents (Right to Privacy and Public Interest in Criminal Matter)
The appeal was rejected because the conditions for provisional measures against a media outlet, including the requirement that the attack is not manifestly unjustified and causes particularly serious prejudice, were not met, as discussed in section 4.2.2.
HE220016 · zh (Art. 266 ZPO)
Pension Fund Manager Defeated in Bid to Censor Article Alleging Misconduct
Cited in the reasoning as a special provision for periodically appearing media, but not explicitly used in the final dispositive orders (which only dismiss the request).
HE200461 · zh (Art. 266 ZPO)
Union Publication of Alleged Labor Violations Case
The essential legal basis for ordering provisional measures against periodically appearing media, requiring a particularly serious disadvantage and obvious absence of a justification.
HE200461 · zh (Art. 266 lit. a ZPO)
Union Publication of Alleged Labor Violations Case
Specifies the condition of a particularly serious disadvantage for ordering provisional measures against media.
HE200461 · zh (Art. 266 lit. b ZPO)
Union Publication of Alleged Labor Violations Case
Specifies the condition of the obvious absence of a justification for ordering provisional measures.
HE200461 · zh (Art. 266 lit. c ZPO)
Union Publication of Alleged Labor Violations Case
Specifies the condition of proportionality for ordering provisional measures.
HC.2020.732 · vd (Art. 266 CPC)
Public Figure Defamation Claim Rejection in Provisional Measures Appeal
The court explicitly ruled that the requirements of this article, which governs provisional measures against periodicals, were not met, leading to the rejection of the appeal.
C/1396/2020 · ge (Art. 266 CPC)
Appellants Seek Provisional Measures Against Newsletter Article Referencing Insider Trading Investigation
The court confirmed the lower court's decision, which rejected the request for provisional measures against a periodical medium based on the lack of fulfillment of the cumulative conditions set out in this article.
HE200044 · zh (Art. 266 lit. a ZPO)
Physician Seeks Injunction Against Defamatory Online Article; Injunction Denied on Grounds of Marginal Dissemination
Cited in the reasoning, establishing that for provisional measures concerning personal rights violations by periodic media, a particularly serious disadvantage must be proven.