MARTÍNEZ MARTÍNEZ AND PINO MANZANO v. SPAIN - 61654/08 [2012] ECHR 1588 (03 July 2012)

MARTÍNEZ MARTÍNEZ AND PINO MANZANO v. SPAIN - 61654/08 [2012] ECHR 1588 (03 July 2012)

The applicants voluntarily established their residence in an area zoned for industrial use, where residential occupation was not permitted. The noise and dust levels, as measured by official reports, did not exceed acceptable limits during the day and only slightly exceeded them at night. The authorities acted...

Source-derived case information.

Citation
[2012] ECHR 1588
Parties
Applicant: José Antonio Martínez Martínez; Applicant: María Pino Manzano; Respondent: Kingdom of Spain
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
Application dismissed; no violation found.
Legal Topics
Right to Respect for Private and Family Life, Noise Pollution, State Responsibility, Urban Planning, Right to a Fair Trial
Human Rights Law Environmental Law Administrative Law Right to Respect for Private and Family Life Noise Pollution State Responsibility Urban Planning Right to a Fair Trial

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Parties

José Antonio Martínez Martínez

Applicant

María Pino Manzano

Applicant

Kingdom of Spain

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

  1. 1 Whether the noise and dust from a nearby quarry violated the applicants' right to respect for their home under Article 8 of the Convention
  2. 2 Whether the domestic courts failed to address all claims, violating Article 6 § 1

Ratio Decidendi

The applicants voluntarily established their residence in an area zoned for industrial use, where residential occupation was not permitted. The noise and dust levels, as measured by official reports, did not exceed acceptable limits during the day and only slightly exceeded them at night. The authorities acted within their discretion in urban planning and responded appropriately to complaints. Therefore, there was no violation of Article 8.

Court Disposition

Application dismissed; no violation found.

Orders

  • The application is declared admissible.
  • It is held that there has been no violation of Article 8 of the Convention.