in Berlin is not receiving Arabic language TV channel to (pay) cable-TV possible. Tenants of Arab origin have therefore a right against the landlord to toleration of a satellite dish. If Turks, Russians and Poles at a disadvantage against Arabs?
For years in the law that the issue is moot, is allowed to apply the conditions under which a housing tenant of foreign origin on the outside front of his house (eg on the balcony or window) is a satellite dish to receive native language TV station. Discussed here is the correct balance between the interests of the landowner and the tenant. Law denies the owner of the basic legal protection of property (Article 14 GG), while the tenant to also constitutionally protected freedom of information can (Article 5 § 1 GG) is appointed.
After the Federal Constitutional Court had already granted more than ten years, the information interests of the foreign tenants in principle prevail over the interests of the owner, the lower courts soon developed a number of limitations of this right. It was decided provided that the interests of a foreign tenant interests of the landlord only prevail if there is no other reasonable way for him to receive native language TV station.
Such a reasonable possibility to see the court take for granted, especially if the tenant in the house available on a cable TV program corresponding station can receive. This should apply even if the tenant finish for the reception of the programs a paid subscription and / or purchase a special digital receiver has.
For Turks, Russians and Poles this Court in Berlin has the consequence that there are a claim on insatallation a satellite dish on the exterior facade can only be if the apartment building is not equipped with cable television. Because of the Berlin Kabelnetzt can refer tenants from these, countries of origin (a charge) native language program packages, and thus, according to the law an interest in native language information in sufficient Cover dimensions.
tenant of Arab origin have to tolerate the other hand, in Berlin in rental housing with cable television access remains a claim against the landlord, the installation of satellite dishes. Arabic-language TV stations can not have cable TV stand at present - will be received - not to pay additional programs. In this case, therefore, continue to the information outweighs the interest of the tenant the interests of the landlord.
This law, the district court Tempelhof-Kreuzberg recently confirmed in a cost decision of 05.11.2008 (ref. 18 C 176/08).
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