Neighborhood Dispute: Homeowner Must Tolerate Light Intrusion in Bedroom - Court Dismisses Cologne Resident's Motion Sensor Light Lawsuit
A Cologne resident's lawsuit over a neighbour's motion sensor light has been dismissed by the Regional Court. The case, involving a Syrian asylum seeker, raised questions about asylum rights and the impact of changed circumstances in Syria.
The dispute centred around an illuminated motion sensor light that disturbed the plaintiff, shining into his mother's bedroom. The Cologne Local Court found that the light activated for approximately 90 seconds each time. Despite the plaintiff's complaint, both the Local Court and later the Regional Court dismissed the lawsuit.
The court's decision was influenced by the plaintiff's asylum status. It was noted that the plaintiff could return to Syria, where conditions have improved since the fall of the Assad regime. The plaintiff's family resides there, and reintegration aid is available. Additionally, the court highlighted Syria's economic upturn, with rising wages and falling food prices, indicating that the plaintiff would not face existential threats or persecution upon return. The court also pointed out that the plaintiff's bedrooms lacked 'blackout facilities', such as blinds or curtains, which could have mitigated the light issue.
The Regional Court upheld the Local Court's decision, dismissing the plaintiff's lawsuit over the motion sensor light. The court's ruling took into account the improved conditions in Syria and the plaintiff's ability to live there with family support, contributing to the decision that the plaintiff did not have a right to asylum in Germany.
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