Moe and Others v. Norway

Submitted by Kelly Russo on Wed, 12/15/1999 - 00:00
OLD_ID
916
Excerpt
Regional Decisions
OLD_REGIONAL_DECISION
European Court
Status
Archived
Content

The European Court of Human Rights held that applicant failed to meet the requirement for positing a claim under Article 8 of the European Convention on Human Rights against Norway for failing to regulate pollution emanating from a waste-treatment plant near the applicant's home because the applicants obtained sufficient domestic remedies to remove them from "victim" status under Article 35(4) of the Convention. As to any claims existing outside the time period examined by domestic courts, the applicants failed to exhaust all options to obtain domestic remedy prior to applying for relief from the European Court. Article 8 of the European Convention recognizes the right to respect for private lives and homes, but filing a claim under Article 8 requires satisfaction of Article 34 and Article 35(1), which provide that an applicant must retain their status as a "victim," and must exhaust available domestic remedies prior to applying for relief from the ECHR, respectively. As a result of the applicant's proceedings in domestic courts, the waste-treatment plant limited its activities, so as to bring the nuisance level within legal limitations. Accordingly, the Court held the applicant's claim under Article 8 to be inadmissible.