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Giacomelli v. Italy.

Country/Territory
European Union
Type of court
International court
Date
Mar 26, 2007
Source
UNEP, InforMEA
Court name
European Court of Human Rights
Seat of court
Strasbourg
Judge
Zupančič, B.M.
Bîrsan, C.
Berro-Lefèvre, I
Zagrebelsky, V.
Myjer, E.
Björgvinsson, D.T.
Ziemele, I.
Reference number
59909/00
Language
English
Subject
Waste & hazardous substances, Environment gen., Legal questions
Keyword
Solid waste Food waste Hazardous waste Organic waste Waste disposal Human rights Waste domestic sources Waste management Waste non-domestic sources Transport/storage
Abstract
This case related to the Lombardy government allowing for a waste treatment plant. The licence included the “detoxification” of hazardous waste, a process involving the treatment of special industrial waste using chemicals. After having given an extensive outline on the case law of the court (thus redefining when environmental pollution creates a violation of Article 8), the Court concludes that there had been a violation of Article 8. To the Court's opinion “... the fact remains that for several years her right to respect for her home was seriously impaired by the dangerous activities carried out at the plant built thirty metres away from her house. Having regard to the foregoing, and notwithstanding the margin of appreciation left to the respondent State, the Court considers that the State did not succeed in striking a fair balance between the interest of the community in having a plant for the treatment of toxic industrial waste and the applicant's effective enjoyment of her right to respect for her home and her private and family life. The Court therefore dismisses the Government's preliminary objection and finds that there has been a violation of Article 8 of the Convention.
Full text
COU-157044.pdf