Original language
Spanish
Country
Uruguay
Date of text
Type of court
National - higher court
Sources
Court name
Tribunal de Apelaciones en lo Civil de 6ºTº
Seat of court
Montevideo
Reference number
65/2009
Files
Justice(s)
Dra. Selva Anabella KLETT FERNANDEZ, Dr. Felipe Javier HOUNIE SANCHEZ, Dra. Elena MARTÍNEZ ROSSO
Abstract
A case concerning noise pollution resulting from a commercial local within the city of Montevideo.
The Municipality of Montevideo is accused by group of citizen of not having taken any measures to prevent a company owning the commercial local “Barrackech” of emitting noise pollution. Therefore, the residents accused the Municipality of violating the constitutional rights to healthy and peaceful environment by not protecting them from this source of noise pollution.
The court ruled in favour of the residents and condemned the company owning the “Barrackech” to adopt any technical measure to stop this permanent noise contamination and requested that the Municipality implement measures to prevent noise pollution.