Jugheli and Others v. Georgia

Information Note on the Court’s case-law 209July 2017Jugheli and Others v. Georgia - 38342/05Judgment 13.7.2017 [Section V]Article 8Positive obligationsArticle 8-1Respect for homeRespect for private lifeLack of regulation of thermal power plant operating in close vicinity to residential flats: violationFacts – Under section 4(2)(b) of the Environmental Permits Act of 15 December 1996 energy generating industrial activities, including thermal power plants, required an environmental permit issued by the Ministry of Environment based on an environmental impact assessment study and an ecological expert report. However, the Act applied only to industrial activities commenced after its entry into force. For companies that had commenced their industrial activities before then, the deadline for submitting the environmental impact assessment studies was set at 1 January 2009.At the material time …