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In Germany the court evicts from home retiree for smoking

Dusseldorf court has passed verdict with regard to case of retiree Friedhelm Adolfs: for poisoning neighbors' life with tobacco smoke, heavy smoker is being evicted from home in which he lived more than 40 years.

78 years old Friedhelm Adolfs already became the second popular smoker in Germany after ex- chancellor Helmut Schmidt. His neighbors during many years were forced to inhale tobacco smoke and the house owner has addressed to court. Now, according to the court decision, retiree till the end of the year should leave the apartment in which he leaved more than 40 years.

In the past Adolfs was supervisor of the house from which he has to move now. However, lodgers have often complained about their neighbor: he smoked a lot and on the staircases always was present the smell of tobacco smoke. After all, the house owner has dismissed him from supervisor position. However, heavy smoker Adolfs hasn't even thought to quit smoking. He has ignored neighbors' remarks.

When the smoker's case was reviewed in court for the first time, Adolfs has denied that his neighbors have ever asked him not to smoke in the house. According to respondent tobacco smoke is just convenient occasion to evict him from apartment and rent it out for an office.

However, district court of Dusseldorf has admitted the right of the house owner in role of complainant. Judges have admitted that smoking in own apartment is not prohibited, however in this case cigarettes smoke has poisoned the air to neighbors as well infringing their right for physical sanctity.

However, the dcision is not finale as of yet: district court in Dusseldorf has declined protest of the retiree, however the action was directed for consideration to Fedearl Court Chamber.

Legal trial of Friedhelm Adolfs action has caused real wide response in Germany. German smokers are afraid that in case retiree loses in Supreme Court, smoking in own apartment may be declared out of law.

 

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