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Title:
Deés v. Hungary.
Party:
European Union
Region:
Europe
Europe
Type of document:
International court
Date of text:
November 09, 2010
Data source:
InforMEA
Court name:
European Court of Human Rights
Seat of court:
Strasbourg
Justice(s):
Françoise Tulkens, F.
Jočienė, D.
Sajó, A.
Popović, D.
Raimondi, G.
Tsotsoria, N.
Pardalos, K.
Reference number:
No. 2345/06
ECOLEX subject(s):
Environment gen.
Abstract:
A toll introduced on a private motorway caused many trucks to choose an alternate driving route, increasing traffic on a section of national road where György Deés lived. Mr. Deés, a Hungarian national, brought a claim in domestic court requesting compensation for damage to his house caused by the substantial freight traffic, but the Hungarian court found the traffic was not substantial enough to cause damage. Mr. Deés initiated proceedings before the European Court of Human Rights claiming that the noise, vibration, smell, and pollution caused by heavy traffic on his street made his home uninhabitable, thereby violating his right to respect for private life and home under Article 8 of the European Convention on Human Rights. He also alleged a violation of his Article 6 right to a fair trial within a reasonable time because of the length of time that had been required for the domestic court proceedings. The court asserted that Article 8 protects not only against physical breaches of an individual’s home but also against interference with its quiet enjoyment. While the court acknowledged that this case involved infrastructure issues which take time and resources to implement, it concluded that the State’s efforts to curb the heavy traffic had been consistently insufficient—as indicated by experts’ findings that the level of noise was still significantly above the statutory limits after six years. Thus the court determined that Mr. Deés’ exposure to excessive noise for a substantial period of time was a violation of Article 8. It also found a violation of Article 6 and awarded just satisfaction to the applicant.