Austrian Supreme Court allows frogs to croak in swimming pond in Pashing

A years-long legal conflict between neighbours in the Austrian town of Pashing (Linz-Land district), caused by the loud croaking of frogs, has reached a final resolution. The Austrian Supreme Court (OGH) dismissed the plaintiff's appeal, thereby confirming the right to preserve the natural soundscape in a swimming pond.

Causes of the dispute and attempts at resolution

The situation attracted public attention as early as August, when a man filed a lawsuit, claiming that the nocturnal sounds made by frogs in his neighbours' pond prevented him from sleeping with his windows open. The pond owners had already taken measures to reduce the noise, compatible with nature conservation standards, including introducing pike into the water, but this method did not yield the desired result.

Expert data and lower court decisions

During the hearing, precise noise level measurements were conducted. According to an expert opinion, the night background noise near the plaintiff's house was approximately 50 decibels, and the presence of frogs increased this figure by a further four decibels. The Traun District Court initially sided with the plaintiff, ordering the pond owners to restrict the croaking between 22:00 and 06:00 and to reimburse procedural costs of up to €30,000. The court of first instance considered such a noise level "unusual for the locality and unbearable".

The pond owners appealed this decision and succeeded at the Linz Regional Court. The appellate instance argued that the frogs had settled there on their own and that their sounds are a natural phenomenon that must be accepted as a given. Dissatisfied with this, the neighbour filed an appeal with the Supreme Court.

Final position of the Supreme Court

The Austrian Supreme Court upheld the decision of the Linz Regional Court, finally resolving the issue in favour of preserving the frogs. A key factor was that these protected animal species had settled in the pond without the intervention of the owners. The court also noted that creating a natural swimming pond under specific local conditions does not constitute an unusual use of a land plot.

Thus, the family is not obliged to either drive the animals away or suppress their natural croaking.

Reaction from environmental activists

The court's decision was met with satisfaction among representatives of the Green Party in Upper Austria. Rudi Hemetsberger, the party's representative for nature conservation, called the outcome a victory for biodiversity.

«Переможницею у цій справі є природа. Її не можна вимкнути. Жаби квакають, птахи співають, а бджоли гудуть. Це невід’ємна частина живої навколишнього середовища» ("Nature is the winner in this case. It cannot be switched off. Frogs croak, birds sing, and bees hum. This is an integral part of a living environment"), Hemetsberger stated.

At the same time, he emphasised that the neighbours' need for quiet must also be taken into account. However, in his opinion, a situation where one side demands an increase in biodiversity while the other forbids frogs from croaking represents a "rather upside-down world".