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Jugement Kantonsgericht (VD - HC/2020/286)


Canton:VD
Case number:HC/2020/286
Instance:Kantonsgericht
Department:Chambre des recours civile
Kantonsgericht Entscheid HC/2020/286 vom 07.04.2020 (VD)
Date:07.04.2020
Force of law:-
Summary:The married couple P. complain to their neighbor I. for omission of noise pollution. The justice of the Peace rejects the lawsuit. The Cantonal Court confirms the P.S. in partial approval of the appeal. I. must reduce the volume of the TV and the music system. The P.s are entitled to compensation. More detailed summary: The married couple P. and their neighbor I. live in an apartment building. The P.s complain that I. disturbs the night's rest by loud music and TV. You complain I. for omission of noise pollution. The justice of the Peace rejects the lawsuit. She believes that the noise pollution is not so great that it would justify an injunction. The P.s are taking the case to the Cantonal Court. The Cantonal Court confirms the P.S. in partial approval of the appeal. It comes to the conclusion that the noise pollution is not so great that it would justify an injunction. However, it is still unacceptable. The Cantonal Court obliges I. to reduce the volume of the TV and the music system. In addition, the P.s must pay for the lawyer and court costs compensation of I. More details: The P.s live in an apartment on the ground floor of the apartment building. I. lives on the first floor. The P.s complain that I. often listens to music loudly at night and watches TV until late at night. The justice of the peace found during a visit to the place that the volume of the TV and the music system in the bedroom of the P.s is audible. When assessing the noise pollution, the Cantonal Court also took into account the fact that the P.s live with a toddler.
Rule of Law:Art. 100 LTF;Art. 105 CPC;Art. 106 CPC;Art. 110 CPC;Art. 158 CPC;Art. 319 CPC;Art. 320 CPC;Art. 321 CPC;Art. 322 CPC;Art. 74 LTF;Art. 95 CPC;Art. 97 LTF;
BGE reference::-
Comment:
Spühler, Schweizer, Basler Kommentar Schweizerische Zivilprozessordnung, Art.319 ZPO, 2017
Spühler, Basler Kommentar zur ZPO, Art. 321 ZPO ; Art. 311 ZPO, 2017

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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