Key legal question
Whether the construction immissions were excessive within the meaning of neighbour law and justified equitable damages under Art. 679 CC.
Extracted holding
Yes. Given the nature, intensity, and duration of the works and the commercial use of the building, the immissions exceeded what neighbors must normally tolerate, at least during the first year.
Extracted reasoning
The court applied objective criteria and broad judicial discretion, relying on the overall circumstances, including noise, vibration, dust, truck traffic, access obstruction, and the length of the chantier.