Key legal question
Whether construction nuisances from neighboring works constituted a defect under Art. 259d CO entitling the tenant to a rent reduction.
Extracted holding
Yes. Immissions such as noise and vibrations from nearby construction can amount to a defect even if they stem from public-interest works or are outside the landlord's control.
Extracted reasoning
The court held that the relevant comparison is between the leased object as promised and as delivered. A defect may arise from third-party or neighboring sources. Public-interest character of the works does not exclude rent reduction, only an action to stop the disturbance.