Timmer and ‘T Laakse Hoog B.V. v. The Netherlands

Submitted by Kelly Russo on Thu, 10/23/1997 - 00:00
Regional Decisions
European Court

The European Court of Human Rights held that the Netherlands did not violate Article 8 of the European Convention on Human Rights for failing to regulate odor disturbances emanating from a pigsty adjacent to the applicants' homes because the State considered the nuisance prior to granting the sty a license two years before the applicants acquired their property. Article 8 recognizes the right to respect for private lives and homes. The State determined that, considering the location of the sty in an agricultural area, the nuisance did not provide an an unacceptable environmental situation. Given the costs and uncertain effectiveness of arrangements suggested by the applicants, the Court cannot determine that the State neglected its positive obligations in balancing the interests of the affected applicants with that of the community as a whole.