Orlikowscy v. Poland

Submitted by Kelly Russo on Wed, 10/05/2011 - 00:00
Regional Decisions
European Court

The European Court of Human Rights held that applicant's complaint regarding butchery noise pollution did not establish the existence of an environmental hazard or pollution that exceeded regulatory safety levels and therefore could not find that the Republic of Poland had failed to take reasonable measures under Article 8 of the European Convention on Human Rights, which recognizes the right to respect of private life and home. The Court determined that a complaint much reach a minimum level of severity to implicate Article 8, which was not the case here. However, the Court held that length of the domestic proceedings, spanning a 12 year period, violated Article 6(1) of the European Convention, which recognizes the right to a hearing tribunal within a reasonable period of time in matters of civil rights and obligations, and it awarded the applicant non-pecuniary damages.