Marchis and Others v. Romania

Submitted by Kelly Russo on Wed, 06/29/2011 - 00:00
OLD_ID
976
Excerpt
Regional Decisions
OLD_REGIONAL_DECISION
European Court
Status
Archived
Content

The European Court of Human Rights held that where applicants did not prove that pollution caused by a neighboring distillery was of such a degree or character as to cause any noxious effect on the applicants’ health or that of their families, the state of Romania could not be held to have violated Article 8 of the European Convention on Human Rights, which recognizes the right to respect for private life and home. Even assuming that the distiller did constitute an interference, the Court found that the distillery was only authorized to operate for thirty days a year, was only operable for three years, and had ceased its activities due to the intervention of Romanian authorities. Accordingly, the Court determined that any interference caused by the distillery during its brief operation failed to meet the level of severity necessary to implicate Article 8.