1. You must be, which are sprayed on a property and then reach the neighboring property through the wind or similar causes, are in any case then effects within the meaning of. § 906 BGB, if it is a concentration, which impairs the use of a neighboring property for organic farming based on comprehensible criteria.
2. Acceptance of prima facie evidence, that a herbicide applied on one property affects a neighboring property, can be considered, if good professional practice was violated when the herbicide was applied and a third party cannot be considered the cause.
Oberlandesgericht Hamm 24 You 74/16 from 18.11.2021 – Pflanzenschutzmittel Further