The outdoor pool can continue to open as usual.
The Munich Administrative Court has dismissed the action brought by a resident against the community of Maisach, who had requested that operations be restricted due to excessive noise pollution.
Maisach - For Mayor Hans Seidl, the plans to build a new open-air pool elsewhere are off the table.
The lawsuit filed in 2019 was heard on Monday, and the court informed the parties of its decision in writing on Tuesday.
The reasons for the judgment should follow in a few weeks.
The plaintiff's lawyer told the daily newspaper that only then would he and his client decide whether to appeal.
That will also depend on how the court justifies the rejection of his application to order a new noise report.
The lawyer had questioned an expert opinion prepared on behalf of the municipality as too imprecise.
Sports or fun pool?
In essence, however, the proceedings concerned the question of whether the Maisach outdoor pool is legally a sports pool for popular sports or a fun pool. Sports facilities are allowed to make more noise. The court had indicated that it currently sees the bathroom as more of a sports pool. The opinion of the municipality, which was based on the noise limit values for sports facilities, the court apparently considered sufficient. Nevertheless, according to the lawyer, the procedure is "a pointer to the future of the outdoor swimming pool at this point".
The court had explicitly stated that it was not dealing with the situation of a possible renovation.
But even Maisach's mayor, Hans Seidl (CSU), said two years ago that the bathroom was probably at the limit of its capacity.
A renovation with an increase in attractiveness has now been done, said Seidl after the judgment in relation to the daily newspaper.
However, you now have legal certainty for the stock.
The plans for a new building elsewhere have at least been settled for him.
"We only wanted to take the money in hand if we had to restrict the operating hours on Badstrasse," said the mayor.
However, the municipal council still has to speak about this when the reasons for the judgment are available.
