Resolution CM/ResDH(2008)57[1]
Execution of the judgment of the European Court of Human Rights
Moreno Gómez against Spain
(Application No. 4143/02, judgment of 16 November 2004, final on 16 February 2005)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the judgment transmitted by the Court to the Committee once it had become final;
Recalling that the violation of the Convention found by the Court in this case concerns the failure of the respondent State to take action to deal with night-time disturbances (by night clubs) near the applicant's home (violation of Article 8) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with Spain's obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee's Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, within the time-limit set, the respondent state paid the applicant the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgment, the adoption by the respondent state, where appropriate:
- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2008)57
Information about the measures taken to comply with the judgment
in the case of Moreno Gómez against Spain
Introductory case summary
The case concerns a breach of the applicant's right to respect for her home and private life due to the failure of the city authorities of Valencia to take action to deal with night-time disturbances near her home, where many night clubs and discotheques have opened since 1974 (violation of Article 8). Many reports have indicated noise levels above the permissible limits.
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
3 884 EUR
-
4 500 EUR
8 384 EUR
Paid on 04/03/2005
b) Individual measures
In 1996, the City Council designated the applicant's neighbourhood as an “acoustically saturated zone”, and therefore no new establishment could be opened that would contribute further to this saturation. In 1997 however, the Council issued a license for the opening of another discotheque, in the applicant's building, but this decision was declared invalid by the Supreme Court in 2001.
II.General measures
Both Spanish national and regional legislation provide protection against noise pollution. Since 1997 there has been an increasing number of cases condemning noise pollution in all autonomous communities in Spain, and especially in the Autonomous Community of Valencia. The cases have involved both civil and criminal liability, including sanctions such as imprisonment, severe fines and prohibition of the economic activity in question. The legal framework is thus very advanced and Spanish courts have been very active in this field.
Moreover, the judgment of the European Court was published in Spanish in the Official Bulletin of the Ministry of Justice and sent out to all relevant authorities, not least to the Superior Court of Justice of Valencia and to the City of Valencia.
III.Conclusions of the respondent state
The government considers that the measures taken will prevent new, similar violations and that Spain has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 25 June 2008 at the 1028th meeting of the Ministers’ Deputies
Full & Egal Universal Law Academy