Fagerskiold v. Sweden

Submitted by Kelly Russo on Wed, 02/27/2008 - 00:00
Regional Decisions
European Court

The European Court of Human Rights held that Sweden did not violate Article 8 of the European Convention on Human Rights by failing to protect the applicants' private lives and homes from the disturbance of nearby wind turbines which produced pulsating noise and reflections from its rotor blades because the applicant failed to establish that the noise levels and light reflections were of the nature and severity that would trigger the threshold established in cases dealing with environmental issues. Article 8 recognizes the right to respect for private lives and homes. Even accepting that the applicants were directly affected by the constant pulsating sound of the turbines, the Court determined that the noise levels, only slightly exceeding the maximum level recommended in Sweden, could not be found to reach the level constituting severe environmental pollution, and therefore do not warrant application of Article 8.