Facts
The appellants [A.A.] and [B.A.] are the owners of the condominium unit 2.2 in the building "[C.] " in [U.] . A bridge, which runs over the skylights of the underlying units, was relocated by the condominium association [C.] from unit 5.0 to unit 1.1. The appellants demanded that the bridge be relocated back to its original position over the skylight of their unit 2.2. The District Court [V.] ordered the condominium association to relocate the bridge back. However, the High Court of the Canton of Zurich overturned this order and dismissed the appellants' request.Considerations
The Federal Court has dismissed the appeal of the appellants against the High Court's decision. It stated that the appellants can claim a disturbance of possession within the meaning of Art. 928 CC, as the bridge runs over their atrium. However, the balancing of interests carried out by the High Court was not arbitrary. The High Court rightly found that the bridge is only…