The Municipality is jointly and severally liable with commercial operators for damage caused by noise suffered by condominium owners
Shopkeepers and the Municipality are obliged to use a whole series of measures to keep the noise emissions associated with the exercise of commercial activities within tolerable limits.
Court of Como - sentence n. 312 of 18 March 2019.
The fact. The residents of a condominium property take legal action against the Municipality and the owners of the commercial establishments coming from the commercial establishments, bars and restaurants, overlooking the square in front of their condominium due to intolerable noise emissions.
In fact, they claim that all the commercial establishments mentioned have been recipients, from the Municipality, of provisions granting the occupation of public land and that they have installed tables and chairs there intended to serve customers at all hours of the day and night.
For these reasons, they asked the Court to ascertain the intolerability of the reported noise emissions and to condemn, pursuant to art. 844 cc, both the Municipality and the operators to cease illegitimate noise emissions, inhibiting the activities that constitute their source, in addition to condemning the defendants to compensation for the non-pecuniary damage suffered, for the violation of the rights to health and respect for life private and family.
The Court condemned the defendant merchants and the Municipality to undertake to use a whole series of measures to reduce the noise emissions associated with the exercise of commercial activities within the tolerability limits identified by the official technical consultant.
The Court of Como also noted that the local authority contributed, in conjunction with the businesses, to determining the financial damage resulting from illicit injections, recognizing in favor of the plaintiffs the total sum of 60 thousand euros, plus interest and legal expenses paid joint liability of the agreed businesses and the Municipality.
The Municipality is jointly and severally liable with commercial operators for damage caused by noise suffered by condominium owners
Shopkeepers and the Municipality are obliged to use a whole series of measures to keep the noise emissions associated with the exercise of commercial activities within tolerable limits.
Court of Como - sentence n. 312 of 18 March 2019.
The fact. The residents of a condominium property take legal action against the Municipality and the owners of the commercial establishments coming from the commercial establishments, bars and restaurants, overlooking the square in front of their condominium due to intolerable noise emissions.
In fact, they claim that all the commercial establishments mentioned have been recipients, from the Municipality, of provisions granting the occupation of public land and that they have installed tables and chairs there intended to serve customers at all hours of the day and night.
For these reasons, they asked the Court to ascertain the intolerability of the reported noise emissions and to condemn, pursuant to art. 844 cc, both the Municipality and the operators to cease illegitimate noise emissions, inhibiting the activities that constitute their source, in addition to condemning the defendants to compensation for the non-pecuniary damage suffered, for the violation of the rights to health and respect for life private and family.
The Court condemned the defendant merchants and the Municipality to undertake to use a whole series of measures to reduce the noise emissions associated with the exercise of commercial activities within the tolerability limits identified by the official technical consultant.
The Court of Como also noted that the local authority contributed, in conjunction with the businesses, to determining the financial damage resulting from illicit injections, recognizing in favor of the plaintiffs the total sum of 60 thousand euros, plus interest and legal expenses paid joint liability of the agreed businesses and the Municipality.