There's No Place Like Home Until The Neighbour Interferes

My home is my castle. 

Unfortunately, the Austrian Supreme Court ("OGH") doesn't think so. The Austrian Civil Code (ABGB) entitles property owners to prohibit all emissions that exceed the local norm and have a substantial effect on the customary use of their property.

Here are some rulings that the OGH has made since 2011:

• Smoking on the balcony (2 Ob 1/16k)
  Those who wish to smoke on the balcony of an apartment building must balance their interests with those of their nonsmoking neighbours. As there was a lack of consensus of the neighbouring parties in this case, the OGH ruled that it is forbidden to smoke on the balcony during night hours (10:00 pm – 6:00 am) and during certain periods of the day (8:00 am – 10:00 am, 12:00 pm – 3:00 pm, 6:00 pm – 8:00 pm).