Defendant, a local community, had repaired a street in front of plaintiff’s hotel. As the bitumen used was defective, particles came off and were brought into the hotel through the shoes of the guests and caused dirty spots on carpets and furniture.Austrian Supreme Court (OGH) held that such dirt particles had to be regarded an “immission” due to sec. 364 par 2 Civil Code (ABGB) and constituted a claim for compensation, irrespective of fault. There was a sufficient causal connection even if hotel guests had acted carelessly.Judgement 2 Ob 216/08s of March 25, 2009 avialable for download in German here>>.
