Giacomelli v. Italy

Submitted by Kelly Russo on Fri, 11/03/2006 - 00:00
Regional Decisions
European Court

The European Court of Human Rights held that Italy violated Article 8 of the European Convention on Human Rights in failing to follow procedural safeguards in response to the adverse effects of a storage and treatment plant for hazardous and non-hazardous waste located 30 meters from applicant's home. Article 8 recognizes the right to respect for private lives and homes. The Court determined that the State neglected to conduct an appropriate investigation or study prior to authorizing the plant to treat hazardous materials and neglected to close the facility when an environmental impact assessment years later found that operating the plant posed a specific risk to the health of local residents. The Court held that, in failing to comply with domestic legislation and denying the applicant procedural safeguards, Italy breached its obligations to the applicant under Article 8.