Case of European Court of Human Rights, November 25, 2010 (case Mileva and Others v. Bulgaria)

Resolution Date:November 25, 2010
SUMMARY

Preliminary objection dismissed (non-exhaustion of domestic remedies) Violation of Art. 8 Non-pecuniary damage - award

 
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Information Note on the Court’s case-law No. 135

November 2010

Mileva and Others v. Bulgaria - 43449/02

Judgment 25.11.2010 [Section V]

Article 8

Positive obligations

Failure to prevent unlawful operation of computer club causing noise and nuisance in block of flats: violation

Facts – The applicants lived in flats in the same residential building in the centre of Sofia. In May 2000 a company rented a flat situated on the ground floor of the building and, without obtaining the requisite permissions, started running a computer club. The club was open twenty-four hours a day, seven days a week, and hosted forty-six computers and two vending machines. The club’s clients, mostly teenagers and young adults, often gathered outside the building, where they shouted, drank alcohol and sometimes broke the front door and continued created havoc in the lobby. The applicants made numerous complaints to the police and the municipal authorities about the noise and disturbance. In July 2002 the regional building-control directorate prohibited the use of the flat hosting the club, but its decision was not enforced, partly because the competent court twice suspended its enforcement following applications by the club’s owner. The computer club continued to operate until November 2004.

Law – Article 8: The manner in which the computer club was run, its opening hours and the noise produced by its clients had affected the applicants’ homes as well as their private and family lives. Despite receiving many complaints and being aware that the club was operating without the...

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