Scavengers are not obligated to turn over property
What if the garbage cans in front of the house can only be reached with difficulty due to the narrow access road and the possibility of turning over? The Court of Rhineland-Palatinate made a decision about this.
According to the ruling, garbage collection does not have to drive back to the site to collect garbage if access roads are narrow. Instead, landlords must then provide their bins at a suitable location other than their own property so that they can be controlled by waste collection, as stated by the administrative court of Neustadt an der Weinstrasse in the state of Rhineland-Palatinate.
The court’s decision was based on a lawsuit filed by homeowners in Kusel district, whose properties can only be reached through a narrow access road. At the beginning of 2019, the Kuseli district administration instructed homeowners to place garbage cans on the street 50 meters away from their property. Reason. the recruiting firm had given up on another reverse approach to avoid an accident.
The plaintiffs had already unsuccessfully appealed the administrative order in the summary legal defense proceedings in the administrative court and in the superior administrative court. According to the court, they then filed a lawsuit on the grounds that their neighbor allowed the garbage trucks to turn around in the parking lot belonging to their property. Incidentally, the recruiting firm is also moving back to other locations, they claim.
The administrative court did not follow this, the order of the district administration was clearly legal, it is said. It is not clear that the said turn-around option is actually suitable. In addition, the collection company cannot undertake to assume the risk of liability, even if, for some reason, the property should be approached elsewhere. The judgment has no legal force yet.