The Committee of Ministers, under the terms of Article 54
(art. 54) of the Convention for the Protection of Human Rights and
Fundamental Freedoms (hereinafter referred to as "the Convention"),
Having regard to the judgment of the European Court of Human
Rights in the López Ostra case delivered on 9 December 1994 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application
(No. 16798/90) against Spain, lodged with the European Commission
of Human Rights on 14 May 1990 under Article 25 (art. 25) of the
Convention by Ms Gregoria López Ostra, a Spanish national, and that
the Commission declared admissible her complaint about the local
authorities' inactivity in dealing with the nuisance caused by a
waste-treatment plant situated a few metres away from her home;
Recalling that the case was brought before the Court by the
Commission on 8 December 1993;
Whereas in its judgment of 9 December 1994 the Court
unanimously:
- dismissed the government's preliminary objections;
- held that there had been a breach of Article 8 (art. 8) of
the Convention;
- held that there had been no breach of Article 3 (art. 3) of
the Convention;
- held that the respondent state was to pay the applicant
within three months 4 000 000 pesetas for damage and
1 500 000 pesetas less 9 700 French francs, to be converted into
pesetas at the exchange rate applicable at the date of delivery of
the judgment, for costs and expenses;
- dismissed the remainder of the claim for just satisfaction;
Having regard to the Rules adopted by the Committee of
Ministers concerning the application of Article 54 (art. 54) of the
Convention;
Having invited the Government of Spain to inform it of the
measures which had been taken in consequence of the judgment of
9 December 1994, having regard to Spain's obligation under
Article 53 (art. 53) of the Convention to abide by it;
Whereas, during the examination of the case by the Committee
of Ministers, the Government of Spain gave the Committee
information about the measures taken in consequence of the
judgment, which information appears in the appendix to this
resolution;
Having satisfied itself that on 22 February 1995, within the
time-limit set, the Government of Spain paid the applicant the sum
provided for in the judgment of 9 December 1994,
Declares, after having taken note of the information supplied
by the Government of Spain, that it has exercised its functions
under Article 54 (art. 54) of the Convention in this case.
Appendix to Resolution DH (95) 252
Information provided by the Government of Spain
during the examination of the case of López Ostra
by the Committee of Ministers
In addition to the ordinary publication of a translation of
the present judgment in the Boletín de Jurisprudencia
Constitucional, the Ministry of Justice and of the Interior has
also published, on 25 June 1995, a translation of the judgment in
a supplement to No. 1747 of the Boletín de información del
Ministerio de Justicia e Interior, Jurisprudencia de los órganos
del Convenio Europeo de Derechos Humanos.
In view of the status of the Convention and of the case-law of
the Strasbourg organs in Spanish law (see, inter alia, Resolutions
DH (94) 84 in the case of Barberà, Messegué and Jabardo and
DH (95) 93 in the case of Castells), the Government of Spain is of
the opinion that the competent administrative tribunals and
municipal authorities will not fail to adapt their practice to the
jurisprudence of the Court in the present case.
The government would add that the Spanish ratification of the
Convention and subsequent declarations regarding the competence of
the Strasbourg organs also evidence a firm will on the part of
Spain to contribute to a better protection of the rights
guaranteed. In this perspective and in accordance with the
provisions of Article 10, paragraph 2, of the Constitution, the
Ministry of Justice and of the Interior has found it appropriate
and necessary to publish henceforth in its information bulletin
translations of important Strasbourg decisions which concern Spain.
This measure will, in addition, ensure, as a result of the wide
distribution of the bulletin, a better knowledge of the Convention
case-law and thus also permit better compliance with the judgments
of the Court.
Full & Egal Universal Law Academy