La CJCE se prononce sur les nuisances provoquées par des éoliennes
Auteur | Legal News |
Pour la première fois, la Cour européenne des droits de l'homme a été saisie le 26 février 2008, d'un litige relatif aux nuisances provoquées par une éolienne. En l'espèce, les requérants suédois se plaignaient du bruit continu de la turbine et des reflets lumineux sur les pales d'une éolienne se trouvant à proximité de leur maison. Les requérants se sont fondés à l'appui de leur demande sur une violation de l'article 8 de la Convention européenne des droits de l'homme (Convention EDH) relatif au droit au respect de la vie privée et familiale et de l'article 1 du protocole de la convention EDH concernant le droit à la jouissance paisible de la propriété. La Cour a déclaré irrecevables les griefs tirés de l'article 8 et de l'article 1 du Protocole nº 1. Elle a, en effet, rappelé que l'article 8 ne comprend pas en soi, le droit à un environnement sain et calme sauf dans des circonstances suffisamment graves. Or, les juges européens ont constaté que le niveau des nuisances sonores ne dépassait pas les recommandations de...
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