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Fadeyeva v. Russia, App. No. 55723/00 , 09-06-2005

Facts: the applicant was a Russian national who lived in a major steel-producing centre. The plant was the largest iron smelter in Russia and the main employer of the area. the Government adopted   programs to improve the environmental situation in the area butthe plant was responsible for most of   the industrial emissions into the town's air.

Complaint: relying on article 8 of the European Convention, the applicant claimed that the operation of the steel-plant in close proximity to her home endangered her health and well-being.

Holding: the ECHR ruled in favor of the applicant and found a violation of article 8

Reasoning: despite the wide margin of appreciation left to the respondent State, it had failed to strike a fair balance between the interests of the community and the applicant's effective enjoyment of her right to respect for her home and her private life. 

 

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