Allergiker haben ein Recht auf eine katzenfreie Nachbarschaft, entscheiden Amtsgericht und Landgericht München. Kurzmeldung in der FAZ, nur Print oder kostenpflichtig online (nach dem Wort Allergiker suchen; Amtsgericht Az. 191 C 10647/03, Landgericht Az. 34 S 16167/03).
Somehow I can’t see this happening in England and Wales. The Munich Amtsgericht and Landgericht found in favour of a flat-dweller who wanted his neighbours to get rid of their cat. He submitted a doctor’s certificate showing that the cat hairs might lead to a life-threatening asthma attack, or at least that this possibility could not be excluded. The neighbours argued that the cat was not let out, and that it was important for the psychotherapeutic treatment of their twelve-year-old son, who had panic attacks and a speech disorder. The Amtsgericht, which deals with minor cases at first instance, held that it was clearly more important to avoid a serious asthma attack than for the cat to support psychotherapeutic treatment. On appeal, the decision was upheld.
One wonders if this person with the allergy stays at home all the time, because if he leaves the building he’s going to encounter cats all over the place. The paper is silent on this.
(Thanks to Anon of Frankfurt)