Walnut trees may shed their nuts, judges in the court concluded, adding that this autumnal occurrence is “a fact of nature” and must be tolerated.
The ruling came after a woman in the financial hub had complained that her car had been damaged by nuts falling from a neighbour’s tree.
According to the claimant, walnuts and branches bearing walnuts fell onto her vehicle due to strong winds one night in October 2013, “causing dents to the body, hood and roof.”
The woman then sued her neighbour for €3,866 to cover the costs of repairs for the damage to her vehicle along with interest.
But the defendant argued that the branches of the walnut tree extended 1.5 metres into her property and that he regularly cut back the tree's branches.
“In order to completely rule out the danger posed by falling fruit, the only logical conclusion is the possibility of entirely cutting back the fruit-bearing tree in question or surrounding it with a safety net,” the ruling read.
This option would be unreasonable as well as undesirable in German cities, it added.
The claimant will have to pay for the cost of the court case. Within one month, she can lodge an appeal.