Success for BLS before the Austrian Supreme Court

Crowing roosters must not disturb the night's rest

BLS represented a Viennese citizen all the way to the Supreme Court and helped him to obtain his rights. He does not have to further tolerate the constant disturbance of the peace by loud crowing roosters of his neighbours.

Loudly crowing and fighting roosters regularly disturbed the sleep of a Viennese senior citizen. Especially in the early morning hours, the neighbours' chicken coop was a hive of activity. Since the troubled man could not find a satisfactory solution in direct talks with the chicken owners, he contacted our law firm.

The chicken keepers were also intransigent towards BLS and the noise, which could be heard during the night as well as during the day, did not decrease. Therefore, the concerned Viennese - represented by BLS Attorneys at Law - filed a lawsuit with the District Court against the chicken owners.

The defendants argued that keeping chickens was customary in the suburb of Vienna and no louder than other environmental noise. However, the competent district court found an interference with the customary use of the apartment and granted the injunction request. The crowing of the roosters should not cause any undue, disturbing, sleep-impeding noise in the pensioner's apartment that exceeds the customary level in the area. The court of appeal upheld the decision.

Recently, the Supreme Court rejected the defendant's appeal, thus fully confirming the District Court's decision (Supreme Court decision in the federal legal information system). The defendants must now ensure that the disturbances come to an end and that our client can sleep peacefully again.