Information Note on the Court’s case-law 65

June 2004

Moreno Gómez v. Spain (dec.) - 4143/02

Decision 29.6.2004 [Section IV]

Article 8

Article 8-1

Respect for private life

Noise nuisance from discotheques: admissible

The applicant lives in a block of flats near which discotheques were legally opened. Numerous complaints were filed by local residents on account of the noise-nuisance and night-time disturbance of the peace caused by the discotheques’ activities. The relevant authorities found that the levels of acoustic disturbance were above the permitted norms. The municipality regularly awarded licences for the discotheques to open and their operations continued to be authorised. The applicant complained of insomnia and health problems resulting from the noise generated by the discotheques at night. She brought proceedings against the municipal authorities, accusing them of passivity, and sought to obtain compens ation for the damage sustained as a result of the noise-nuisance. Her case was dismissed on the ground that she had not proven the existence of noise disturbance within her home as a result of the night-time disturbance of the peace.

Admissible under Artic le 8.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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