Susan Nash reflects on the significance
of recent human rights judgments
In Deés v Hungary (app no 2345/06), the applicant complained that noise and pollution caused by heavy traffic in his street were sufficiently excessive to cause damage to his house in breach of Art 8 (right to respect for his home). He argued that traffic had increased significantly after the introduction of a toll on a nearby motorway.
Heavy goods traffic used his street to avoid paying toll charges. Proceedings for compensation were dismissed by the domestic court which found that although the noise exceeded the statutory limit, it was not substantial enough to cause damage to the applicant’s house.
The European Court of Human Rights recalled that the European Convention on Human Rights (the Convention) protected not only the physical environment of the home but also guaranteed quiet enjoyment, within reasonable limits. Measures put in place by the authorities to limit the speed of cars and divert heavy freight traffic away from the applicant’s street had been unsuccessful. Accordingly, the ECtHR was satisfied that the applicant had been exposed to excessive
