Stoisits: Noise Pollution in Holiday Paradise

The owner of a summer cottage at the Bodensee experienced serious problems with his neighbour. Every night noise came from the restaurant's guest-garden which was also located by the shore of the camping lake.

Every evening loud music events took place in the guest-garden. The camp visitors' nocturnal partying, thus, kept the owner of the cottage from sleeping and, eventually, led the disgruntled man to turn to the authorities for help.

However, the District Administration Bregenz as the responsible trade authority did not take any measures. In its statement the District Administration argued that the guest-garden fell under the same regulations as the restaurant. It also sustained the opinion that the musical events were "typically connected to a restaurant" and thus automatically authorized pursuant to the facility regulations of trade law.

For the responsible Ombudswoman who had initiated investigative proceedings this legal opinion was not traceable and thus erroneous.

Hence Ombudswoman Stoisits engaged the Federal Minister for Economy, Family and Youth as the highest trade authority, who shared these legal obejections, in the matter. In his statement the Head of Department pointed out that "a restaurant is an establishment intended for the use of providing catering and guest services with accordingly arranged rooms ... to fit a demanding clientele. The Bregenz District Administration opinions are lacking any legal basis as long as musical performances are not directly linked to the establishment itself". Consequently, the Head of Department ordered the examination of the musical performances pursuant to the given regulations and demanded adequate measures.

Hence, the complaint had been legitimate. The Ombudsman Board assumes that the Bregenz District Administration in its role as local trade administration will fulfil its legal obligations.