Furlepa v. Poland

Submitted by Kelly Russo on Wed, 03/19/2008 - 00:00
Regional Decisions
European Court

The European Court of Human Rights held that Poland did not violate Article 8 of the European Convention on Human Rights by failing to protect applicant's private life and home from a nuisance originating from activities at the neighbor's illegally constructed car garage because the applicant failed to establish that the nuisance caused an environmental hazard or exceeded safety levels set by applicable regulations. Article 8 recognizes the right to respect for private lives and homes. The Court held that the mere fact that the construction had been conducted illegally is not sufficient to justify the applicant's assertion that she has been denied her rights under Article 8. Absent any substantiation of the applicant's claims, the Court could not find that the State failed to take reasonable measures to protect the applicant's Article 8 rights.