Moreno Gomez v. Spain

Submitted by Kelly Russo on Wed, 11/17/2004 - 00:00
Regional Decisions
European Court

The European Court of Human Rights held that Spain violated Article 8 of the European Convention on Human Rights by failing to properly regulate the noise levels emanating from a nightclub district near applicant's home. Article 8 of the European Convention on Human Rights recognizes the right of European peoples to respect for their private lives and homes. The Court determined that although the precise noise levels of the applicants home were never recorded, requiring the applicant to establish the noise levels in her home would be unduly formalistic, as she resided in a recognized acoustically saturated zone. The Court held that, considering the volume, timing, and length of the noise disturbances, the applicant suffered considerable infringement of her right to respect for her home as a result of the State's failure to take regulatory measures concerning the noise.