Gaida v. Germany

Submitted by Kelly Russo on Wed, 07/04/2007 - 00:00
Regional Decisions
European Court

The European Court of Human Rights held that Germany did not violate Article 8 of the European Convention on Human Rights for failing to protect the applicant's private life and home from radiation emanating from a base station adjacent to the applicant's home because the authorities used good judgment in striking a fair balance between the rights of the individuals affected and the conflicting interests of the community as a whole. Article 8 of the European Convention on Human Rights recognizes the right of European peoples to respect for their private lives and homes. Considering that there is no conclusive evidence as to the harmful effects of radiation staying within the pertinent guidelines, the Court determined that the German authorities did not overstep their margin of appreciation in  weighing conflicting interests during the regulatory decision-making process with respect to complex issues of environmental and economic policy.