For the time being, the cow bells may continue to ring on a pasture in Upper Bavarian Holzkirchen. The district court Munich II has dismissed the complaint of a neighbor who lives with her husband on the outskirts - and feels disturbed by the cows, the chiming, but also by odors and flies.
The dispute with the farmer's wife has been going on for years. After the husband, who owns the property, his wife complained. She has no claim, the board now justified the dismissal of the action. She is not the owner of the property.
The court also expressed concerns as to whether the woman's harassment was material. The judges also had doubts about the "location unusualness" of grazing used. The court had listed five cows with four bells over six weeks and eight cows with six bells over four and a half weeks.
The fight continues
The plaintiff had meticulously kept a book on it - arguing that the bells were still ringing at night, she could not sleep. She had complained not only against the farmer's wife, who runs a family business with about three dozen cows, but also against the community, which has leased the approximately one acre pasture plot.
Previously, the husband had already failed with his fight against the cow bells in the district court of Munich II - not least because of a comparison he had previously made with the farmer's wife. The court referred to this comparison again. According to this, cows with bells should only graze in the part of the pasture at least 20 meters away.
The couple said that did not bring enough relief. The dispute continues: The husband waits for the second instance before the Higher Regional Court (OLG) Munich. Whether the woman in front of the OLG pulls, is still open.