News Supreme Court rulings December 2016

Condominium: kindergarten banned, is noisy activity

The Supreme Court of Civil Cassation, in ruling no. 24958/2016, ruled that the daycare activity carried out in the apartment of the condominium must immediately cease if such activity exceeds the normal tolerable limits established on the subject of noise immissions by Art. 844 of the Civil Code and where the condominium regulations expressly prohibit the use of apartments for noisy exercises.

Clock shop theft: no compensation to the robbed customer if there is an alarm

From a recent Supreme Court ruling, no. 24627/2016, it is inferred that the owner of a watch store is not liable to pay damages to the customer who was robbed in the store if he can prove in court that he has taken all exigible security measures and precautions to prevent theft, and in particular the presence of an efficient and fully functional alarm system.

Supreme Court: it is a crime to spread disinfectant to cover the smell of neighbor’s cats

In ruling no. 46149/2016, the Criminal Court of Cassation ruled that a person who spreads a noxious substance in an attempt to solve the problem of foul odors caused by felines is liable for the crime of dangerous throwing of things under Article 674 of the Criminal Code, as such substances can cause health problems for pet owners and others.

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