Verdict Rbv Vs State Milieu Defen Sie Ak Tsl

Citizens group RBV against Dutch State to restore protection against aviation noise nuisance Andrea Keessen, Milieudefensie | Friends of the Earth Netherlands 10th April 2024 RBV1 vs. the State (The Netherlands) ECLI:NL:RBDHA:2024:3734 District court of The Hague, 20 March 2024, https://uitspraken.rechtspraak.nl/details?id=ECLI:NL:RBDHA:2024:3734 English Google translation of the verdict: https://uitspraken-rechtspraak-nl.translate.goog/details?id=ECLI%3ANL%3ARBDHA %3A2024%3A3734&_x_tr_sl=auto&_x_tr_tl=en&_x_tr_hl=en-US&_x_tr_pto=wapp&_x_tr_hist=true Illegal noise pollution What is at stake in this case is whether the State has acted unlawfully by exposing a disproportionate number of people to serious annoyance and sleep disturbance caused by air traffic to and from Schiphol. The legal question is whether the conduct of the State is in breach of Article 8 of the European Convention on Human Rights (ECHR), which protects the right to privacy, including the home. The court ruled that this is the case, first of all because the airport operated for almost a decade and a half under a regime which is not provided for by law. To make matters worse, the previous, legal regime, under which the airport should operate, was developed without a fair balance being struck between the interests of the aviation sector and the interests of the people. Moreover, the State did not offer adequate legal protection to its citizens, as required under Article 13 ECHR. The Court ordered the State, within twelve (12) calendar months of service of this judgment : a. to enforce the applicable laws and regulations, and b. to create a form of practical and effective legal protection that is accessible to all seriously inconvenienced and sleep-disturbed…
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