Walkuska v. Poland

Submitted by Kelly Russo on Wed, 04/30/2008 - 00:00
Regional Decisions
European Court

The European Court of Human Rights held applicant's claim, that Poland violated Article 8 of the European Convention on Human Rights by failing to take reasonable measures to regulate the environmental disturbance caused by the operation of a pigsty adjacent to the applicant's property, inadmissible because the applicant did not substantiate her claims before the national authorities. The Court found that the domestic authorities carefully balanced the interests of the applicant against the interests of the farm owner, and the applicant did not establish that the farm caused an environmental hazard or pollution exceeding established safety levels. The Court held that, absent such evidence, the applicant's claims did not warrant the application of Article 8.