Landmark ruling on violation of fundamental rights due to industrial pollution
The Regional Court of Galicia has issued a ruling of great legal significance, declaring that the competent authorities violated the fundamental rights of several residents by failing to take effective measures against the pollution generated by large-scale livestock facilities located in the affected area.
The court points out that for years there was evidence of spills, excessive nitrates in soil and water, persistent bad odours and direct damage to the natural environment. Despite having technical reports and repeated warnings, the administration did not act with the diligence required by environmental regulations.
This inaction violated essential rights recognised by the Spanish Constitution, such as the right to physical integrity, the right to health and the right to enjoy an adequate environment.
The ruling sets an important precedent because it confirms the connection between the environment and fundamental rights, imposes specific obligations on the administration to remedy the situation and incorporates liability for omission when the authorities fail to act in the face of prolonged pollution.
The ruling requires immediate measures to be taken for control, environmental restoration, enhanced monitoring and prevention, opening the door to future claims in cases where persistent environmental risks exist.
Applicable legislation
• Spanish Constitution: Articles 15, 43 and 45
• Law 26/2007 on Environmental Liability
• Directive 2004/35/EC on environmental liability
• Law 29/1998 regulating Contentious-Administrative Jurisdiction
| Directiva 2004 35 CE Responsabilidad patrimonial | 155 KB |
