Zippel v. Germany

Submitted by Kelly Russo on Fri, 10/24/1997 - 00:00
Regional Decisions
European Court

The European Court of Human Rights held that applicants could not bring a claim under Article 8 of the European Convention on Human Rights for failing to regulate toxic pollution emanating from a local municipal sewage treatment plant that contaminated their ponds because applicants failed to exhaust domestic remedies as required by Article 26 of the Convention. Article 8 recognizes the right to respect for private lives and homes, but is subject to the conditions put forth in Article 26 of the Convention, which states that prior to being considered by the ECHR, an applicant must exhaust all available domestic remedies. Because the applicants failed to initiate proceedings with the appropriate authorities under the Water Act, the Court cannot consider their claims under Article 8.