Title:
Moreno Gómez v. Spain
Party:
Spain
Region:
Europe
Type of document:
International court
Date of text:
November 16, 2004
Data source:
InforMEA
Court name:
European Court of Human Rights
Seat of court:
Strasbourg
Justice(s):
BRATZA, Sir Nicolas
PELLONPÄÄ, M.
CASADEVALL, J.
PAVLOVSCHI, S.
BORREGO, J.
FURA-SANDSTRÖM, E.
MIJOVIC, L.
Reference number:
4143/02
Abstract:
The European Court of Human Rights has for the first time ruled against a signatory country for violating rights by failing to take action to protect a claimant from noise pollution. The claimant from Spain was awarded € 3,884 damages for violation of her rights under Article 8 of the European Convention on Human Rights (right to respect for private life and home) after suffering noise from bars and discos near her home over a 25-year period. Excessive noise has never previously been found to be the cause of a violation of Article 8 of the Convention.