For example.
Whether the listening happens involuntarily or voluntarily, whether "radio noise" or a comprehensible broadcast – the character of a radio always leads to a considerable impairment. According to the judges, listening to the radio in a quiet residential area does not count as usual property use anyway. The defendant was therefore ordered to immediately cease his noisy sound system.
Case no.: OLG Munich 25 U 1838/91. The Federal Court of Justice has also sided with the quiet side on several occasions.
My God, are you really digging up a 30-year-old ruling from the OLG Munich here? The most conservative federal state and the most conservative city in Germany, and it’s 30 years old? Well... There are no nationwide uniform laws or consistent case law on the subject. Therefore, each court decides individually on a case-by-case basis what is acceptable and what is not.
I can very well imagine that "the character of a radio" from the 1980s in Munich was generally perceived as a disturbing factor. But that was surely due to the quality of the radio and not the music itself or its volume.
I did write that it is always up to the original poster to keep a noise log or even commission an expert and then see how the court rules in their case. I’ll eat my hat if the court forbids the neighbor from listening to music on the terrace or in the garden at a moderate volume with a Sonos speaker. But then, logically, any prolonged conversations in these areas would also have to be banned, since a normal conversation already produces a noise level of 60 dB.
Have you even ever measured volume levels? Inside the house, on the terrace, in the garden? Written words can hardly express the true extent of it.