Trajkoski and Others v. Macedonia

Submitted by Kelly Russo on Fri, 12/02/2005 - 00:00
Regional Decisions
European Court

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.