Noise from night clubs. Failure to take action by the national authorities to protect against noise violates private and family life
JUDGMENT
Cuenca Zarzoso v. Spain 16/1/2018 (no. 23383/12)
SUMMARY
Noise from bars, pubs and discos. Complaint before a local council for lack of appropriate noise reduction measures. Violation of Article 8 (right to respect for private and family life) for failure to fulfill a positive obligation.
PROVISION
Article 8
PRINCIPAL FACTS
The applicant, Miguel Cuenca Zarzoso, is a Spanish national who was born in 1930 and lives in Valencia (Spain).
The case concerned Mr Zarzoso’s complaint that the local authorities in Valencia had failed to take measures to stop noise coming from bars, pubs and discotheques in the district where he lived. In the domestic proceedings arguments were raised that the circumstances of the case were similar to those of Moreno Gomez v. Spain, however, the Spanish Constitutional Court disagreed.
Mr Zarzoso relied on Article 8 (right to respect for private and family life), complaining of a lack of action by the local authorities, in particular Valencia City Council, to stop the noise, and that it had failed to fulfill its positive obligation in that regard.
THE DECISION OF THE COURT
Violation of Article 8
Just satisfaction: EUR 7,000 (pecuniary and non-pecuniary damage) and EUR 6,671.26 (costs and expenses) (echrcaselaw.com editing).
