Hatton and Others v. United Kingdom (Grand Chamber)

Submitted by Kelly Russo on Wed, 07/09/2003 - 00:00
Regional Decisions
European Court

The European Court of Human Rights held that the United Kingdom did not violate Article 8 of the European Convention on Human Rights by allowing nighttime air traffic from Heathrow Airport, the busiest international airport in the world,  in the residential zone of the applicant because the economic benefits of the activity justified the incidental sleep effects on a small number of people. However, the Court did find a violation of Article 13 because the "arguable" Article 8 violation could not be addressed in domestic courts. Articles 8 and 13 of the European Convention recognize the right to respect for private lives and homes, and a domestic remedy in the event of a violation, respectively. The Court determined that the issue concerns complex issues of environmental and economic policy and the Government has consistently monitored the situation and engaged in numerous studies and investigation, to which the applicants were given access and opportunities to make representations and challenges. Accordingly, the Court could not hold that the State failed to take into account the conflicting interests in preparing flight regulations.