Fundamental Rights Section bans from entry, etc.), or at least have significantly contained them (Austrian Supreme Court August 29, 2000, 1 Ob 196/00f). Certainly, the obligation of a neighbour operating a catering establishment should not be overstretched in respect of the avoidance of inadmissible actions, such that he needs to send a controlling body to follow every guest leaving the establishment, in order to prevent contamination on neighbouring properties. However, if he is aware that the neighbouring property has already been repeatedly contaminated, he should be obligated to ensure adequate measures for the future avoidance of such nuisance. The trader is therefore also responsible for the detrimental effect that exceeds the usual local measure, if the effect has not been created on his property. It is sufficient that the detrimental effect is an attributable consequence of an operation set up on this property. It is then immaterial for the judicature, under civil law, that the nuisance is ultimately based on the independent decision of a third party. If the innkeeper therefore fails to carry out suitable measures, despite being aware of nuisance caused by his guests outside of his business premises, injunctive relief justifiably exists against him, under neighbouring law. Defence claims of neighbours are according to the Austrian Supreme Court 'civil rights' in the sense of Art. 6 ECHR (OGH July 8, 2003, 4Ob137/03f). In relation to business premises, from the point of view of fundamental rights, Art. 2 ECHR (Right to life), Art. 8 ECHR (Right to respect for the residence) and Art. 5 StGG / Art. 1, first additional protocol to the Council of Europe Human Rights Convention (Right to sanctity of property) also come into consideration. The insufficient instrumentation under trade law has the effect of excluding the legal hearing of the neighbour. As a result, the existing meagre public law regulations, not least, hinder the protection of the neighbour from nuisance by the behaviour of guests outside of the business premises, from the point of view of fundamental rights. A change in the legal situation by the trade legislator in the direction of expanding the protection of the neighbours from nuisance by guests outside of the business premises therefore appears necessary. 39