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Ardimento and Others v. Italy, No. 4642/17, ECtHR (First Section), 5 May 2022

Date
05/05/2022
Type Judgment
Case number 4642/17
Link

Attachments

Abstract

Violation of the right to respect for private and family life as a result of polluting emissions from a steel plant (ILVA).

Normative references

Art. 8 ECHR
Art.13 ECHR

Ruling

1.Serious attacks on the environment can affect people's well-being and deprive them of the enjoyment of their home in a way that is detrimental to their private and family life
 
2. Article 8 is not limited to requiring the state to refrain from arbitrary interference: to this negative commitment can be added positive obligations relating to effective respect for private life. In any event, attention must be paid to the right balance to be applied between the competing interests of the individual and those of society as a whole, since the State enjoys in each case a certain margin of appreciation