Schleswig-Holstein: dead end residents must transport garbage can 180 meters

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Dispute over the bin: Is it reasonable to walk 180 meters to the garbage dump?

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Photo: Georg Schierling / Shotshop / IMAGO

The Schleswig Higher Administrative Court has announced a decision in a curious legal dispute over a garbage can.

Accordingly, residents of a dead-end street can be obliged to bring their bin to a collection point - even if they have to walk 180 meters to do so.

The plaintiff lives at the end of a cul-de-sac.

The trade association for traffic had determined that the unpaved turning area previously used in the cul-de-sac was unsuitable for a three-axle waste collection vehicle.

The responsible waste authority therefore decided to set up a collection point in the cul-de-sac.

The garbage disposal had to reverse this.

According to the professional association and the statutory accident insurance, the distance could therefore be a maximum of 150 meters.

He demanded an "individual solution"

Since the cul-de-sac is 330 meters long, the resident had to walk 180 meters with his bin each time he picked it up.

He asked for an "individual solution", for example, with the garbage truck staff picking up their garbage can themselves on foot and taking them to the collection point.

His lawsuit fails before the administrative court and now also in the second instance.

The Higher Administrative Court decided in summary proceedings that the applicant could not demand an “individual solution”.

Because this would lead to higher personnel costs, which would be at the expense of all garbage fee payers.

Also, according to the statutes of the waste disposal company, there is no provision for individuals to make individual agreements about waste disposal.

If the applicant is unable to take his garbage can to the collection point himself, he may have to use the services of a third party.

The decision is final.

File number: 5 MB 42/21

jpz/JurAgentur