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Guerra and Ors v. Italy , 19 February 1998.

Facts: the applicants lived in an at-risk area since a privately owned chemical industry was operating near their house. They requested environmental information about the hazardous industrial activities carried out by the industry in question. This request was refused by the City.

Complaint: the applicants claimed a violation of article 8 and 10

Holding: the ECHR found a violation of article 8

Reasoning: the failure by the state to ensure that information was provided to local residents about the hazardous industrial activities carried out by a privately owned chemical works in the area breached the applicants' right to private life under Article 8. Article 10 of the European Convention prohibited a Government from restricting a person from receiving information that others wished to impart to him. The government was under an obligation to provide certain environmental information to the applicants, residents in the 'at-risk' area, even though it had not yet collected that information.

 

 

 

 

 

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