Cologne Court Sets Precedent on Light Pollution: Sensors Okay, Self-Protection Mandatory
In a recent ruling, the Cologne Regional Court has provided clarity on light pollution caused by motion sensors. The court considered the perspective of a reasonable average person in deciding what is tolerable, setting a new precedent for such cases.
The court ruled that motion sensors on a neighboring property are acceptable if the resulting brightness is brief and can be easily turned off. However, the court also emphasized the importance of self-protection. It maintained that those affected by light pollution should make reasonable efforts to mitigate the issue.
In this particular case, the court found that the plaintiff could have installed light-blocking devices such as blinds or curtains without significant effort. Therefore, the court ordered the neighbors to install such devices to reduce light pollution. Despite this, the Cologne Local Court dismissed a lawsuit against a neighbor with a motion sensor, deeming the light pollution not substantial and tolerable.
The court's decision highlights the balance between individual rights and the need for reasonable self-protection in cases of light pollution. While motion sensors are generally acceptable, those affected must take steps to mitigate the impact. The court's ruling serves as a guide for future cases, ensuring a fair balance between individual freedoms and community harmony.
