Borysiewicz v. Poland

Submitted by Kelly Russo on Wed, 07/02/2008 - 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 where the applicant's claims of an unregulated noise disturbance from a neighboring tailoring shop are not proven to meet the high threshold established for formulating a valid Article 8 claim regarding environmental issues. Although the Court accepted that the applicant may have been affected by the operation of the workshop, the Court was unable to establish that the noise levels were so excessive as to warrant application of Article 8. Absent any documented evidence that the applicant was substantially and adversely affected by the noise emanating from the workshop, the Court could not establish that the State failed to take reasonable measures to secure applicant's rights under Article 8.