If the toilet flush is too noisy it violates the right to rest of the neighbors who must be compensated. This was decided by the Supreme Court with a sentence revealed by the Genoese edition of ‘La Repubblica’. The toilet drain had been bricked into a thin plank partition which made it too noisy. Thus the sixth Civil Section, chaired by judge Antonello Cosentino, rejected the appeal presented by four brothers who own an apartment in a locality in the Gulf of Poets, in the province of La Spezia, condemning them to compensation of 500 euros per year from since 2003.
The story begins when the couple who lives on the same landing, in the neighboring house, go to the court of La Spezia. The lawsuit concerns a new bathroom built by the four brothers which causes “intolerable noises deriving from drains”. Husband and wife demand that the problem be eliminated and that they be awarded compensation, but the judge of first instance rejects their case. The two appeal to Genoa. The Court has an appraisal that will ascertain that the drain was so noisy as to disturb the rest of the neighbors “compromising their quality of life” since they have the head of the bed close to the wall and it was not possible to change the arrangement due to the size of the apartment. The lawsuit ended with the order to the owners to review the location of the toilet and to compensate the neighbors with 500 euros per year, starting from 2003, the year of the appearance of the new toilet. The four brothers appeal to the Supreme Court where the “significant overcoming of three decibels with respect to the standards set by the specific legislation” is ascertained. And the Supreme Court, referring to the European Convention on Human Rights, and, among these, in particular to respect for private and family life, recalled that “the Strasbourg Court has repeatedly applied this principle” and confirmed the sentence of Appeal recognizing the “prejudice to the right to rest”
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Source From: Ansa
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