FLAMENBAUM AND OTHERS v. FRANCE - 3675/04 23264/04 - HEJUD (French text) [2012] ECHR 2069 (13 December 2012)

FLAMENBAUM AND OTHERS v. FRANCE - 3675/04 23264/04 - HEJUD (French text) [2012] ECHR 2069 (13 December 2012)

The Court found that the French authorities had not exceeded their margin of appreciation in the planning and implementation of the airport extension, that the applicants had not demonstrated a level of nuisance or loss exceeding what can be expected in the general interest, and that the decision-making process...

Source-derived case information.

Citation
[2012] ECHR 2069
Parties
Applicant: Bernard Flamenbaum et autres (18 ressortissants français et 1 italien); Respondent: République française
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment on Merits
Outcome
Application dismissed
Legal Topics
Right to Respect for Private and Family Life, Property Rights, Noise Pollution, Airport Expansion, Environmental Impact Assessment, Compensation for Expropriation or Nuisance
Human Rights Law Environmental Law Administrative Law Right to Respect for Private and Family Life Property Rights Noise Pollution Airport Expansion Environmental Impact Assessment +1 more

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Parties

Bernard Flamenbaum et autres (18 ressortissants français et 1 italien)

Applicant

République française

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment on Merits

  1. 1 Whether the noise pollution and decision-making process regarding the extension of Deauville-Saint Gatien airport violated Article 8 of the Convention (right to respect for private and family life)
  2. 2 Whether the alleged loss of property value and soundproofing costs violated Article 1 of Protocol No. 1 (protection of property)

Ratio Decidendi

The Court found that the French authorities had not exceeded their margin of appreciation in the planning and implementation of the airport extension, that the applicants had not demonstrated a level of nuisance or loss exceeding what can be expected in the general interest, and that the decision-making process provided adequate procedural safeguards. Therefore, there was no violation of Article 8 or Article 1 of Protocol No. 1.

Court Disposition

Application dismissed