Lopez Ostra v Spain. Country/Territory European Union Type of court International court Date Dec 9, 1994 Source UNEP, InforMEA Court name European Court of Human Rights Seat of court Strasbourg Judge MIFSUD BONNICI, G.RYSSDAL, R.BERNHARDT, R.SPIELMANN, A.PALM, E.MORENILLA, J.M.BIGI, F.BAKA, A.B.LOPES ROCHA, M.A. Reference number 16798/90 Language English Subject Environment gen., Legal questions Keyword Environmental security Enforcement/compliance Public health Human rights Abstract The Court for the first time held that a failure by the state to control industrial pollution was a violation of Article 8 where there was a sufficiently serious interference with the applicants enjoyment on their home and private life. However, the ECHR noted that regard has to be given to the fair balance between competing interests of individual and community as a whole (balancing the 1st and the 2nd paragraph of the Article 8). It is important to note that in some cases the economic interest of a state (which is regarded as the interest of the community as whole) can override the interest of an individual. However, where a polluting activity is actually violating an existing national law, the States overriding economic interest in its continued illegal operation is difficult to assert. Moreover, ther is a positive duty of a state to take measures, which would secure the enjoyment of the individual rights to private life and property. Full text COU-157040.pdf