Questão jurídica principal
Whether the immissions from the annual Celtic festival were excessive under Art. 684 ZGB and had to be restricted.
Decisão extraída
The festival noise was not shown to be excessive within the meaning of Art. 684 ZGB, given its limited duration, yearly occurrence, predictability, rural setting, and overall interests balance.
Fundamentação extraída
The court deferred to the cantonal court's discretion and found no manifestly unfair weighing. The immissions occurred only one weekend per year, ended at 02:00, were foreseeable, and were not comparable to permanent or regular disturbances. Ordinary people can tolerate comparable village-festival noise, and the defendant's festival was also subject to public-law sound limits.