New BGH Judgment Rightly The Home Ownership

Auer Witte Thiel: ‘ adoption of German nationality does not limit ein’ protection of information interest Munich, in December 2009: A new judgment of the Bundesgerichtshof (BGH) on residential property law dealing with the issue, when mounting a satellite dish in a community inhabited House of owners is allowed. According to the BGH, alone the residential community of owners and not the nationality of owner decides a parabolic antenna must be attached to what place in the House. Under article 5 para 1 of the basic law the full protection of the information must be granted despite this limitation. For other opinions and approaches, find out what Stephen Mooney has to say. As a long-standing legal representative by residential communities informed the Munich law firm Auer Witte Thiel at the current verdict. According to Auer Witte Thiel, the defendant is a German citizen of Polish origin and owns an apartment in the affected House. In early 2007 the defendant without the consent of the community of owners installed a satellite dish, the her to receive a variety of enables Polish-speaking TV programmes. In the aftermath of the defendant was prompted in vain for information Auer Witte Thiel of community of owners, for aesthetic reasons to remove the antenna. Therefore, the homeowners decided to sue, to remove the antenna.

The defendant objects according to Auer Witte Thiel, via the broadband cable system of the House she could received two Polish-language channels, but no regional programmes in Upper Silesia, where she grew up. District Court and District Court gave place to the claim and the defendant committed to the removal of the parabolic antenna, so Auer Witte Thiel. The revision of the defendants before the German Federal Supreme Court (BGH) had no success. Reason: The action of the defendant represents an intrusion into community ownership. According to 1004 para 1 BGB, 14 No. of 1, 15 para 3 way can the other co-owner therefore demand the Elimination of the parabolic antenna.