Trajkoski and Others v. Macedonia

Submitted by Kelly Russo on Fri, 12/02/2005 - 00:00
OLD_ID
941
Excerpt
Regional Decisions
OLD_REGIONAL_DECISION
European Court
Status
Archived
Content

The European Court of Human Rights held that applicants were unable to challenge the lawfulness of Macedonian administrative decisions concerning the construction and operation of a petrol station located a few meters from their home on the basis of environmental pollution affecting their quality of life, under Article 1 of Protocol No. 1 to the European Convention on Human Rights due to their failure to exhaust domestic remedies. Article 1 of Protocol No. 1 recognizes the right of each person to peaceful enjoyment of his or possessions, but Article 35 of the Convention provides that the Court can only deal with a matter once all domestic remedies have been exhausted. The Court determined that the applicants did not request damages from the petrol station and therefore their application was inadmissible.