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Spain: Pensioner is victor in noisy clubs and bars human rights row

A pensioner has today won his human rights case against Spanish authorities, complaining successfully that the pubs, clubs and discos  in Valencia were too noisy.

Strasbourg judges ruled that Spain had breached Article 8 of European human rights law. As just satisfaction, they awarded the applicant, 87 year old Miguel Cuenca Zarzoso, EUR 7,000 (pecuniary and non-pecuniary damage) and EUR 6,671.26 (costs and expenses)

The case Cuenca Zarzoso v. Spain (no. 23383/12) concerned Zarzoso’s complaint that the local authorities in Valencia had failed to take measures to stop noise coming from bars, pubs and discotheques in the district where he lived.

In the domestic proceedings arguments were raised that the circumstances of the case were similar to those of Moreno Gomez v. Spain, however, the Spanish Constitutional Court disagreed.

Zarzoso relied on Article 8 (right to respect for private and family life), complaining of a lack of action by the local authorities, in particular Valencia City Council, to stop the noise, and that it had failed to fulfill its positive obligation in that regard.

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