Germany: Shish kebab on a balcony of the multi-storey building?

─ I Welcome heading "I Have the Right" edition! I have a question, whether it is possible to cook food on a grill which costs on a balcony? In contract about rent anything on this subject it is not told. The apartment is on a penultimate floor (above us a penthouse with a balcony, directly over our balcony). Neighbors from above it is regular "grilyat". The smell goes down to us. The neighbor from above thus considers that they have the most top balcony, and only they have the right to fry, and and with use of coals. And we - in the middle, have the right to use only an electrogrill and some time during a season from April to October. The neighbor does not complain...