Another Public Humiliation For Carl Hirschmann

Millionaire Carl Hirschmann, heir and grandson to Jet Aviation founder Carl Hirschmann Senior, took another rap from the Swiss High Court in Lausanne. It wasn't all bad news, though, in this particular case involving his former girlfriend. The publicity attached to the sentence is probably the worst punishment.

Carl Hirschmann was the owner of the now closed VIP club Saint Germain on Zurich's prestigious Bahnhofstrasse; he has an estimated fortune of over £100 million. He was sentenced to publish an apology to his former girlfriend on the internet for calling her a liar on various websites. The Swiss High Court felled the sentence on principle while referring the details back to the district court in Meilen, canton Zurich.

With this final sentence, another lackluster episode in the life of Carl Hirschmann comes to an end and once again it needed a trial in front of the Swiss High Court. Four years ago, a former girlfriend testified to the police that he had grossly abused her. Carl Hirschmann subsequently published his allegations of a "revenge of a disappointed ex-lover" calling her a liar at the same time. His verbal attacks were made to people; he also published a written version on various websites.

The former girlfriend lodged a complaint against Carl Hirschmann as she saw herself injured in her personal rights. While the district court agreed with her and decreed that Hirschmann must apologize on the internet to her, the cantonal supreme court came to a different conclusion. The supreme judges surmised that media reporting over the processes had made a separate apology redundant. The plaintiff didn't accept this verdict and took the case to the Swiss High Court in Lausanne. The panel of high judges followed her argument: Carl Hirschmann has to publish a full apology in social media. Media coverage of the connected trials was not sufficient and doesn't count as an apology.

In another point, the judges followed Carl Hirschmann's lawyers' argument: The Swiss High Court came to the conclusion that the risk of a repetition of the incident wasn't to be expected in this case. Therefore, the judges desisted from including an in injunction in the sentence.

The district court in Meilen is now called on to clarify where exactly Carl Hirschmann has to publish the apology. While a personal website of Carl Hirschman's is still active, two Facebook profiles on which the slurs had also been published were meanwhile deleted.
 
Carl Hirschmann was sentenced to publish the following text in full:
"Carl Hirschmann and the Saint Germain Ent. AG have injured the personal rights of Lulu M. with the publication of the posts 'photographic proof exonerates Carl Hirschmann' and 'photographic evidence exposes Lulu M. as a liar' and use of the image of Lulu M. was illegal. Carl Hirschmann has explained in a letter to Lulu M. that he was sorry to have hurt her personal rights. He has apologized in the letter to her."

Further reading
When a Sassy Headline Becomes an Embarrassment
The Hirschmann Family Saga
Carl Hirschmann Appeals Against Prison Sentence