Right to honor or reputation of commercial companies in the jurisprudence of the Spanish Constitutional Court, the European Court of Human Rights and the Court of Justice of the European Union

Authors

  • Pedro Tenorio Sánchez Universidad Nacional de Educación a Distancia

DOI:

https://doi.org/10.18042/cepc/aijc.27.14

Abstract

The paper studies the jurisprudence of the Spanish Constitutional Court, the Spanish Supreme Court, the ECtHR and the CJEU on the honor of commercial companies. From the case law of the Supreme Court examined, it is clear that the protection of the honor of commercial companies by our courts is rather timid. The doctrine according to which the honor of legal persons enjoys less protection than the honor of natural persons contributes to this. Moreover, although the Supreme Court states that compensation for infringement of the right to honor cannot be symbolic, a large part of the compensation awarded can be classified as such. In this area, a ruling of our Constitutional Court, such as STC 186/2001, of September 17, 2001, which made clear the requirement that the protection of the right to privacy should not be merely symbolic, is missing.

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Published

2024-01-29

How to Cite

Tenorio Sánchez, P. (2024). Right to honor or reputation of commercial companies in the jurisprudence of the Spanish Constitutional Court, the European Court of Human Rights and the Court of Justice of the European Union. Anuario Iberoamericano De Justicia Constitucional, 27(2), 447–477. https://doi.org/10.18042/cepc/aijc.27.14