ROMAN v. THE REPUBLIC OF MOLDOVA - 13274/07 (Judgment : Article 8 - Right to respect for private and family life : Second Section Committee) French Text [2019] ECHR 871 (03 December 2019)

ROMAN v. THE REPUBLIC OF MOLDOVA - 13274/07 (Judgment : Article 8 - Right to respect for private and family life : Second Section Committee) French Text [2019] ECHR 871 (03 December 2019)

The Moldovan authorities failed to act promptly and effectively to end excessive noise nuisance from a restaurant, which persisted for over eighteen months and exceeded national and international standards, thereby violating the applicant's right to respect for her home and private life under Article 8 ECHR.

Source-derived case information.

Citation
[2019] ECHR 871
Parties
Applicant: Valentina Roman; Respondent: The Republic of Moldova
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment (second Section Committee)
Outcome
Application partly admissible and partly inadmissible; violation of Article 8 ECHR found.
Legal Topics
Right to Respect for Private and Family Life, Environmental Nuisance, State Positive Obligations, Noise Pollution, Fair Trial, Effective Remedy
Human Rights Law Right to Respect for Private and Family Life Environmental Nuisance State Positive Obligations Noise Pollution Fair Trial Effective Remedy

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Parties

Valentina Roman

Applicant

The Republic of Moldova

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment (second Section Committee)

  1. 1 Whether the Moldovan authorities failed to take adequate measures to prevent noise nuisance from a restaurant, violating Article 8 ECHR
  2. 2 Whether the domestic courts provided sufficient reasoning under Article 6 ECHR
  3. 3 Whether there was an effective remedy under Article 13 ECHR

Ratio Decidendi

The Moldovan authorities failed to act promptly and effectively to end excessive noise nuisance from a restaurant, which persisted for over eighteen months and exceeded national and international standards, thereby violating the applicant's right to respect for her home and private life under Article 8 ECHR.

Court Disposition

Application partly admissible and partly inadmissible; violation of Article 8 ECHR found.

Orders

  • The State must pay the applicant 4,500 EUR for non-pecuniary damage.
  • The State must pay the applicant 1,685 EUR for costs and expenses.