CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 14 octobre 2021

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s6478469E { margin-top:0pt; margin-bottom:14pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; border:0.75pt solid #000000; padding:1pt 4pt } .s598389FB { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:14pt } .sF5E1C6CF { font-family:Arial; font-weight:bold; text-decoration:underline; color:#ff0000 } .sE208486F { font-family:Arial; color:#ff0000 } .s2E932ED2 { margin-top:0pt; margin-bottom:0pt; font-size:11pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sB9D5CABB { width:28.35pt; display:inline-block } .s3AAE10DF { margin-top:14pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s3CA22BA { font-family:Arial; text-transform:uppercase } .s6B505E72 { margin:0pt; padding-left:0pt } .s586AA269 { margin-top:14pt; margin-left:11.67pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; padding-left:8.18pt; font-family:Arial; text-transform:uppercase } .sCD7D0356 { margin-top:14pt; margin-left:15pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; padding-left:4.85pt; font-family:Arial; text-transform:uppercase } .sC47DA4E2 { margin-top:14pt; margin-left:18.34pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; padding-left:1.51pt; font-family:Arial; text-transform:uppercase } .s743F3A55 { margin-right:0pt; margin-left:0pt; padding-left:0pt } .s8C49A017 { margin-left:5.65pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid; font-weight:bold; text-transform:none } .s98FF0DB { font-family:Arial; font-size:8pt; vertical-align:sub } .s83BE5C30 { font-family:Arial; font-size:8pt; vertical-align:super } .s5E8F5A28 { margin-top:14pt; margin-left:25.5pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-family:Arial; font-weight:bold } .sB25A0399 { margin-top:14pt; margin-left:24.84pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; padding-left:0.66pt; font-family:Arial; font-weight:bold } .s13F94BDE { font-family:Arial; letter-spacing:-0.1pt } .sB90861A5 { font-family:Arial; font-style:italic; letter-spacing:-0.1pt } .sCBF2D345 { margin-left:11.67pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; padding-left:8.18pt; font-family:Arial; text-transform:uppercase } .s9D48DD53 { margin-top:6pt; margin-left:21.25pt; margin-bottom:6pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s3A692EA6 { margin-top:14pt; margin-bottom:6pt; text-align:center; page-break-after:avoid; font-size:10pt } .s2044A09A { margin-left:6.51pt; margin-bottom:6pt; page-break-inside:avoid; page-break-after:avoid; padding-left:1.99pt; font-weight:normal; font-style:italic } .sF54F3725 { margin-top:0pt; margin-left:42.55pt; margin-bottom:6pt; text-indent:-17.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .sDBC81028 { width:4.83pt; font:7pt 'Times New Roman'; display:inline-block } .s65DDED6B { margin-top:14pt; margin-left:42.55pt; margin-bottom:6pt; text-indent:-17.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s7AE800C3 { width:4.28pt; font:7pt 'Times New Roman'; display:inline-block } .sAE6FB95D { margin-top:14pt; margin-left:32.01pt; margin-bottom:6pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; padding-left:1.99pt; font-family:Arial; font-style:italic } .s434D37A9 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sD11CFAB7 { margin-top:14pt; margin-left:15.01pt; margin-bottom:3pt; text-align:justify; padding-left:1.99pt; font-family:Arial } .sFBC99493 { font-style:italic } .s51DFF5CF { margin-top:0pt; margin-left:34pt; margin-bottom:0pt; text-indent:-17pt; text-align:justify } .sE5BF05B1 { width:2.33pt; font:7pt 'Times New Roman'; display:inline-block } .s7F175FE6 { margin-top:0pt; margin-left:51.05pt; margin-bottom:0pt; text-indent:-17.05pt; text-align:justify } .sE5C1F6E3 { width:3.33pt; font:7pt 'Times New Roman'; display:inline-block } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s7CB9076 { margin-top:36pt; margin-bottom:0pt; page-break-inside:avoid; page-break-after:avoid } .sF920FE69 { font-family:Arial; color:#f8f8f8 } .s73646DED { width:189.23pt; display:inline-block } .s69DCC830 { margin-top:36pt; margin-bottom:0pt } .s8C1B612F { width:184.94pt; display:inline-block } .s7602FED2 { width:18.21pt; display:inline-block } .sC1AC44A4 { width:228.11pt; display:inline-block } .s76CF415B { page-break-before:always; clear:both } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s75A32C27 { border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s598389F8 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:11pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .sE58FF9D5 { margin-left:15.01pt; padding-left:2.84pt; font-family:Arial; font-size:12pt } .sDD6737AE { font-size:11pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt }     FIRST SECTION CASE OF KAPA AND OTHERS v. POLAND (Applications nos. 75031/13 and 3 others)       JUDGMENT   Art 8 • Respect for home • Fair balance not struck when rerouting heavy traffic to unequipped road near applicants’ homes, exposing them to severe nuisance • Lack of timely and adequate response by domestic authorities to the problems affecting nearby inhabitants   STRASBOURG 14 October 2021 FINAL   28/02/2022   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Kapa and Others v. Poland, The European Court of Human Rights (First Section), sitting as a   Chamber composed of:   Ksenija Turković, President,   Péter Paczolay,   Krzysztof Wojtyczek,   Alena Poláčková,   Gilberto Felici,   Erik Wennerström,   Ioannis Ktistakis, judges, and Renata Degener, Section Registrar, Having regard to: the applications (nos.   75031/13, 75282/13, 75286/13 and 75292/13) against the Republic of Poland lodged with the Court under Article   34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 22 November 2013 by four Polish nationals, the first applicant, Ms Katarzyna Kapa, the second applicant, Mr Jacek Juszczyk, the third applicant, Mr Mateusz Juszczyk and the fourth applicant, Ms Barbara Juszczyk (“the applicants”), as indicated in the appended table; the decision to give notice of the applications to the Polish Government (“the Government”); and the parties’ observations; Having deliberated in private on 21 September 2021, Delivers the following judgment, which was adopted on that date: INTRODUCTION 1.     The case raises an issue under Article 8 in so far as the State authorities, for a period of over two years, routed extremely heavy day and night motorway traffic via a road unequipped for such a purpose which ran through the middle of a town in very close vicinity to the applicants’ home. This, according to the applicants, had the effect of exposing them to severe nuisance: noise (exceeding domestic and international norms), vibrations and exhaust fumes. THE FACTS 2.     The first applicant was born in 1984. The second applicant was born in 1958. The third applicant was born in 1991 and the fourth applicant was born in 1959. The applicants are relatives and they all live in Smolice. They were represented by Mr Ł.   Brydak , a lawyer practising in Warsaw. 3.     The Government were represented by their Agent, Ms   J.   Chrzanowska, and subsequently by Mr J.   Sobczak, of the Ministry of Foreign Affairs. 4.     The facts of the case, as established by the domestic courts in the course of the civil proceedings described below and as submitted by the parties, may be summarised as follows. Background 5.     Since an unspecified date the applicant family has lived in a detached house situated in Smolice at no. 11 Cegielniana Street, several metres from national road no. 14 (“the N14 road”). 6.     The N14 road runs parallel to the applicants’ street through the middle of the neighbouring town of Stryków, which has approximately 3,500   inhabitants. Where the N14 road runs through Stryków, it is known as Warszawska Street. 7.     In the southern part of Stryków, approximately 1 km from the applicants’ house, the A2 motorway crosses the N14 road. The intersection of the two roads is known as “the Stryków II junction”. 8.     The A2 motorway forms part of the Second European Transport Corridor, linking Hanover, Berlin, Frankfurt, Poznan, Warsaw, Brest, Minsk and Moscow. It runs through all of central Poland and is one of the most important roads in the country. 9.     The Polish part of the motorway, which bears the name “Liberty   Motorway” ( Autostrada Wolności ), was built in sections over several years, with construction starting in 2001. It currently comprises eleven sections totalling 475 km. Tolls are payable on some sections of the motorway, and other sections are toll-free. 10.     One of the motorway’s sections runs between Konin and Stryków and is 103 km long. It currently has three lanes which are operational. It was free to use this section of the A2 motorway from 2006 until the middle of 2011. Currently, the toll costs approximately 2.50 euros (EUR). 11.     When it was built in 2006, the section of the motorway in question ended at the Stryków II junction, and all the motorway traffic was temporarily diverted directly onto the N14 road. 12.     Stryków is under the administration of the local authorities of Łódzkie Province ( Województwo łódzkie ). 13.     The 1994 local master plan ( plan zagospodarowania przestrzennego ) for Stryków, and the later versions of that plan, feature a   motorway project with a ring road around the city. Proceedings concerning the construction and operation of the A2 motorway section between Konin and Stryków 14.     The first phase of the two-tier procedure concerning the construction of the A2 motorway started on 25 August 1995 when the Head of the Central Planning Office ( Centralny Urząd Planowania ) issued a decision indicating where the motorway would be located. 15.     On 13 February 1996 the Minister for the Environment decided on the course of the relevant section of the motorway, between the towns of Września (near Konin) and Stryków. 16.     The second phase of the procedure, namely administrative proceedings concerning the location of the relevant section of the A2   motorway, were initiated on 18 April 1996. 17.     On 26 April 1996 the mayor of Stryków ( burmistrz miasta-gminy ) raised a formal objection ( sprzeciw ) to a plan to locate the temporary end point of the A2 motorway (the future Stryków II junction) on the territory of the Stryków Municipality ( gmina ). 18.     Among other things, the mayor suggested two alternative locations for the section’s end point, namely Łowicz, belonging to Łódzkie Province ( Województwo Łódzkie ) , and Żyrardów, belonging to Masovian Province ( Województwo Mazowieckie ). The mayor argued that the traffic on national road no. 71 and regional road no. 712, both passing through Stryków, was already very heavy. Redirecting the motorway traffic through the town, without putting in place any alternative road connection, was likely to obstruct the local road traffic and create environmental risks. 19.     On 23 July 1996 the Governor of Łódzkie Province ( wojewoda ) decided that the relevant section of the A2 motorway would run through the southern part of the town of Stryków. 20.     To that end, the governor set out various technical specifications relating to the A2 motorway project. 21.     In particular, the following actions had to be undertaken during the planning phase. The so-called “zone of nuisance” ( strefa uciążliwości ) was to be determined in the light of the results of an enhanced and extensive environmental impact assessment ( nasilona i pogłębiona ocena oddziaływania na środowisko ). Extensive environmental studies were to be carried out in relation to the problematic areas. The construction project was to reflect the results of those studies. Residential areas along the motorway were to be protected from noise by means of anti-noise screens and other measures. Areas along the motorway were to be forested. At each phase of the project, the owners of properties affected by the motorway were to be protected from the burden of nuisance (noise, air and water pollution) if the latter was of an above-average degree ( ponad przeciętną miarę ). 22.     The governor instructed the investor that the relevant application for a construction permit would have to be accompanied by an assessment of the results of local noise monitoring, as well as an extended environmental impact assessment ( pogłębiona ocena oddziaływania na środowisko ). 23.     The governor considered himself precluded from examining the objection raised by the mayor of Stryków because, as he explained, in the light of the relevant provisions of the Law on Paid Motorways, a decision on the location of a motorway could not go beyond the scope of the decision issued by the Head of the Central Planning Office on 25 August 1995, which only concerned the section of the motorway within the limits of Łódzkie Province. The governor found that the development of the motorway did have to be organised section by section. Waiting for the section after Stryków to be planned before approving the location of the section up to Stryków would make the whole project unprofitable for the investor. 24.     The above-mentioned decision of 23 July 1996 did not address the question of rerouting the motorway traffic via the N14 road. 25.     It appears that in 2002 a number of environmental impact assessment reports were produced. These documents have not been submitted to the Court. 26.     In the course of a public consultation on the motorway project, one association for the protection of the environment made a series of submissions and was ultimately admitted as a party to the administrative proceedings in question. In particular, the association asked that studies be carried out to measure the impact of the motorway on the health of the population concerned. To that end, they asked that the health of residents living within 1 km of the motorway be monitored. The association also asked that individual vulnerable residents be protected from the impact of the future motorway traffic. 27.     On 12 February 2003, considering the results of an assessment of the auditory effects of the motorway on the health of the population concerned, the Governor of Łódzkie Province issued an ordinance. The governor thus declared the part of the section of the motorway which was located directly before Stryków a reduced traffic zone ( obszar ograniczonego użytkowania ). 28.     On 26 March 2003 the Governor of Łódzkie Province approved the investor’s construction project for the relevant section of the A2 motorway and issued the General Directorate of National Roads and Motorways ( Generalna Dyrekcja Dróg Krajowych i Autostrad , hereinafter “the roads and motorways authority”) with a building permit. As to the environmental association’s request to have the health of the population concerned monitored, the governor observed that no legal provisions existed to regulate such action. Overall, the governor considered that the project offered solutions ensuring the protection of the environment. 29.     The above-mentioned decision did not address the question of rerouting the motorway traffic via the N14 road. 30.     On 14 July 2003 the Chief Inspector of Construction Supervision ( Główny Inspektor Nadzoru Budowlanego ) rejected as out of time an appeal lodged by the environmental association against the decision to issue the construction permit. 31.     On 25 July 2006 the Inspector of Construction Supervision for Łódzkie Province permitted the roads and motorways authority to use that section of the motorway. That decision did not address the question of rerouting the motorway traffic via the N14 road. Operation of the section of the A2 motorway between Konin and Stryków Timeline of events and monitoring of the N14 road 32.     On 26 July 2006 the roads and motorways authority opened the new, two-lane, section of the A2 motorway running between the cities of Konin and Stryków (the Stryków II junction). 33.     The motorway was then directly connected to the N14 road leading North, to Warsaw and Łódź. 34.     Following the opening of the section of the A2 motorway in question, traffic in the centre of Stryków, especially that made up of trucks, seriously increased. 35.     An impact assessment carried out in September 2006 by the Warsaw Institute for Environmental Protection ( Instytut Ochrony Środowiska ) revealed that noise levels on the N14 road significantly exceeded the statutory norms. 36.     Protests erupted and the residents of Stryków and the surrounding area called on the authorities to urgently limit the traffic on the N14 road, especially at night. 37.     Between 2006 and 2017 the applicants did not lodge any complaints about the noise, vibrations or air pollution with the local authorities responsible for environmental protection. They also did not ask for any specific pollution or noise assessment to be carried out in respect of their property. 38.     As a result of the protests and complaints lodged by other residents of Stryków, on 10 August 2006 the roads and motorways authority presented to the city council ( Rada Miasta ) a plan for the fast-track construction of a ring road to link the A2 motorway with the N14 road outside the city limits. In the alternative, a 1.7-km extension of the A2 motorway beyond the southern city limits was proposed, in order to connect it with the nearby A1   motorway. 39.     In September 2006 noise monitoring was carried out by privately commissioned experts of the Institute for Environmental Protection ( Instytut   Ochrony Środowiska ). Their report was drawn up on 15   January   2007. 40.     According to that report, the average number of vehicles passing through Stryków via the N14 road was 15,381 during the day and 2,818 at night, as measured in September 2006. The noise levels measured in Stryków at the same time significantly exceeded the national norms which at the relevant time were: 60 dB during the day and 50 dB at night (see   paragraph 108 below). In particular, the noise levels in residential areas exceeded the norms by between 9.9 dB (L Aeq – the equivalent continuous sound level) and 12.7 dB (L Aeq ) during the day, and by between 18.5 dB (L Aeq ) and 21.3 dB (L Aeq ) at night. 41.     The experts observed that the main cause of the noise was truck traffic, which constituted between 40 and 47% of all the traffic in Stryków. They considered that such a large number of trucks was highly unusual for traffic within a city. 42.     The experts concluded that the noise should not be tolerated in the long term, even assuming that the situation was temporary. They recommended that stringent measures be taken in order to move a large portion of the traffic beyond the city limits. 43.     Also in 2006, air and water pollution monitoring was carried out by the Chief Inspectorate for Environmental Protection ( Główny Inspektorat Ochrony Środowiska ). This revealed, inter alia , that the annual average concentration of sulphur dioxide and nitrogen dioxide (pollutants which contribute to acid deposition and eutrophication respectively, which in turn can lead to changes in soil and water quality) on Warszawska Street was 8.9   μg/m 3 and 33.1 μg/m 3 (micrograms per cubic metre) respectively. On   a   scale of I-V, the river waters in that area were rated IV, “unsatisfactory”. The water in the Stryków well was rated II, “good   quality”. 44.     In October 2006 the surface of Warszawska Street in Stryków was renovated. 45.     In December 2006 the roads and motorways authority reorganised the A2 motorway in order to alleviate the nuisance posed by the increased traffic in Stryków. In particular, alternative roads to Warsaw were indicated to motorway users by means of traffic signs. 46.     According to one of the experts appointed by the Warsaw Regional Court ( Sąd Okręgowy ), the above-described measure brought the traffic levels on the N14 road back down to those from before 2006, but did not eliminate the noise emitted by the trucks, especially at night (see   also   paragraph 78 below). Measurements taken by the expert in September   2008 revealed that the N14 road was still affected by heavy and fluid traffic which included a significant number of trucks. In the Government’s submission, that could be partly caused by the development of industrial zones and service areas in Stryków. 47.     The court-appointed expert further observed that on 31 August 2006 the project concerning the ad hoc traffic restrictions and reorganisation (see   paragraph 45 above) had been approved (by the authority in charge of road and bridge management, Biuro Zarzadzania Drogami i Mostami ), despite its various shortcomings. In particular, contrary to the applicable law, the project had not contained certain maps, a technical description (including the specifications of the road and the traffic), a timeline for its implementation, or the name of the project designer. On 15 September 2006 the project had been registered with the Office of Motorway Construction ( Biuro Zarządzania Budową Autostrady ) so that it could be implemented, with the implementation date set for 1 October 2006. In view of the great number of custom-made traffic signs which had had to be prepared, the reorganisation of traffic had taken place in December 2006. 48.     The roads and motorways authority decided not to opt for anti-noise screens along the N14 road, because the space along Warszawska Street was insufficient and access to multiple individual plots along the street could not be blocked or visually obstructed. 49.     The operation of the motorway resulted in the creation of various logistics centres and large warehouses in the Smolice and Stryków areas. A   general increase in traffic was thus recorded on the streets of these towns. 50.     According to a report drawn up on 30 November 2010 by another expert appointed by the Warsaw Regional Court, the roads and motorways authority could not have predicted what level of traffic in Stryków would result from the operation of that section of the A2 motorway. Truck traffic was generated by not only the operation of the motorway, but also the operation of other national and regional roads in the vicinity of Stryków. Comparative environmental impact assessment drawn up for the A2 motorway in the area of the Stryków II junction 51.     In January 2008 a post-construction environmental impact assessment report was issued in respect of the part of the A2 motorway between Dąbie and Stryków (57 km before Stryków). 52.     The following relevant information pertaining to the area of the Stryków II junction featured in that document. 53.     The measurements carried out in various directions on the motorway revealed the following traffic statistics. 54.     On 21 August 2007 the number of light vehicles per hour ranged from 282 to 475 between 6 a.m. and 10 p.m., and from 114 to 206 between 10 p.m. and 6 a.m. The number of heavy vehicles (such as trucks or buses) per hour ranged from 191 to 296 between 6 a.m. and 10 p.m., and from 162 to 234 between 10 p.m. and 6 a.m. The percentage of heavy vehicles in the traffic peaked at 47.5% between 6 a.m. and 10 p.m., and at 64.4% between 10 p.m. and 6 a.m. The total number of vehicles counted in the twenty-four hours was 12,499. 55.     On 23 August 2007 the number of light vehicles per hour ranged from 220 to 416 between 6 a.m. and 10 p.m., and from 94 to 190 from 10   p.m. to 6 a.m. The number of heavy vehicles (such as trucks or buses) per hour ranged from 195 to 302 between 6 a.m. and 10 p.m., and from 175 to 230 between 10 p.m. and 6 a.m. The percentage of heavy vehicles in the traffic peaked at 48.8% between 6 a.m. and 10 p.m., and 66.9% between 10   p.m. and 6 a.m. The total number of vehicles counted in the twenty-four hours was 11,587. 56.     Overall, the average number of vehicles in the area of the Stryków II junction was 11,244 between 6 a.m. and 10 p.m., and 3,006 between 10   p.m. and 6 a.m., with a total number of 14,250 vehicles every twenty ‑ four hours. Nearly 52% of that traffic consisted of heavy vehicles. 57.     The measurements carried out specifically in respect of the junction between the A2 motorway and the N14 road revealed the following numbers of vehicles: 14,552 light vehicles every twenty-four hours; 5,934 heavy vehicles every twenty-four hours; 12,718 light vehicles between 6   a.m. and 10 p.m.; 4,320 heavy vehicles between 6 a.m. and 10 p.m.; a   total of 17,038 vehicles between 6   a.m. and 10   p.m.; 1,834 light vehicles between 10 p.m. and 6 a.m.; 1,614 heavy vehicles between 10 p.m. and 6   a.m.; and a total of 3,448 vehicles between 10   p.m. and 6   a.m. 58.     The average speed was 105 km/h for light vehicles and 75 km/h for heavy vehicles. 59.     The measurements of noise levels which were carried out mainly on sunny days in August 2007, at a distance of 25 to 800 metres from the edge of the road and at a height of 4 metres, revealed that the noise ranged from 49.3   to 61.8 dB during the day, and from 47.7 to 59.6 dB at night. The statutory noise levels were exceeded during the day at three out of eighteen measuring stations (by up to 1.8 dB) and at night at fifteen out of eighteen stations (by up to 9.6 dB). During the monitoring, it was impossible to separate the noise coming from the A2 motorway from that produced by other sources, such as local activities or local roads. 60.     Average annual levels of air pollutants for 2006 were as follows: 16 ‑ 20 µg/m 3 of nitrogen dioxide (the statutory limit of 40 µg/m 3 was not exceeded); 9-15 µg/m 3 of sulphur dioxide (the statutory limit of 20 µg/m 3 was not exceeded); 16-18 µg/m 3 of PM 10 (the statutory limit of 40 µg/m 3 was not exceeded); 1.5-2.5 µg/m 3 of benzo(a)pyrene (the statutory limit of 5   µg/m 3 was not exceeded); and 0.05 µg/m 3 of lead (the statutory limit of 0.5 µg/m 3 was not exceeded). 61.     The 2008   environmental impact assessment report also stated that thirty-four anti-noise screens, the height of which varied from 2.5 to 4.5   metres, and five two-metre-high anti-noise ramparts had been put in place along the section of the A2 motorway between Konin and Stryków. 62.     The section of the motorway in question was equipped with watertight ditches and devices which partly cleaned road sludge before it was drained away. 63.     To reduce the nitrogen dioxide pollution which was expected to be emitted by the motorway traffic, trees and bushes had been planted along the motorway. The report’s authors concluded that because that greenery had been planted only recently, it was not yet fulfilling its filtering function. Development of the A2 motorway’s extension between Stryków II and Stryków I junctions. 64.     As the section of the motorway between Konin and the Stryków II junction was being developed, the authorities were developing the project concerning the 1.7-km extension of the motorway through the southern outskirts of Stryków, between the Stryków II and Stryków I junctions. 65.     The environmental impact assessment for that part of the A2   motorway was completed in September 2003. Following the issuance of a number of permits, works began in late 2006. They were to be completed in the autumn of 2008. The works then slowed down because of either a   lack of government funding or, in the applicants’ submission, the roads and motorways authority’s persistent failure to make use of the State and European Union funds allocated to the project. 66.     On 22 December 2008 the above-mentioned extension to the A2 motorway was opened for use. 67.     The extension proved to effectively reduce the traffic made up of heavy vehicles on the N14 road, especially in the area where the applicants’ house was located. The applicants confirmed that the traffic had dropped to an acceptable level. Health impact of the operation of the section of the A2 motorway 68.     A privately commissioned report drawn up by psychologists on 15   September 2008 stated that the life of people living on Warszawska Street and on nearby streets had been very badly affected by the increased traffic on the N14 road. 69.     Firstly, Warszawska Street was very difficult to cross. 70.     Secondly, vehicles emitted a great deal of noise and exhaust fumes and caused vibrations and other disturbance. That nuisance persisted practically twenty-four hours a day. As a result, the residents could not open windows, and damage was caused to their houses. The residents lived with serious stress caused by the audible noise and (even more harmful) infrasound coming from trucks and other vehicles with large engines. This   was compounded by the high concentration of exhaust fumes and vibrations. 71.     The experts considered that severe and persistent noise could constitute a biological stress factor causing physiological changes in humans. Such biological stress would initially cause an alert reaction of the human body and, in the event of a strong stimulus (noise over 60 dB), could lead to death. Longer exposure to the stimulus caused insomnia, irreversible exhaustion, and also led to death. It was widely accepted among scientists that, because of the particularly strong neural pathways between the hearing apparatus and the brain, persistent audible noise caused not only hearing loss but also mental discomfort, and nervous breakdowns and disorders in internal organs and brain functions, such as cardiological ailments, strokes, breathlessness, dizziness, high blood pressure and the risk of ulcers. Exposing children to noise could cause attention deficit disorders and hyperactivity, learning difficulties, aggression, withdrawal, apathy, insomnia, bed-wetting and night-time fears. Children living in a noisy environment were also very susceptible to drops in their overall immunity, allergies, arthrosis, skin disease, ulcers, nausea, panic attacks, constipation or diarrhoea. The symptoms among adults included problems with blood circulation and digestion, back pain, asthma, allergies, hair loss, depression, tobacco and alcohol addiction, aggression, depression and infertility. 72.     Ultrasound, which mostly affected women and young people, caused, among other things, earache, hearing and speech impairments, stomach and heart pain, and breathing and hormone production disorders. 73.     Vibrations could lead to the development of a so-called “vibrations   syndrome”, which seriously affected various bodily functions. 74.     The experts concluded that life for the residents of Warszawska Street in Stryków was dreadful, and they risked severe psychophysiological ailments, illnesses and perhaps even a decrease in their life expectancy. All residents complained of interrupted sleep because of unbearable noise, infrasound and vibrations. Some of them had developed autoimmune diseases linked to stress. Civil proceedings against the national roads and motorways authority 75.     On 1 April 2009 the applicants brought a civil action against the State Treasury and the national roads and motorways authority, seeking compensation for damage to their physical and mental health and the infringement of their right to a peaceful and undisturbed private and family life, home and feeling of security (case no. XXV C 408/09). They sought 15,000   Polish zlotys (PLN – approximately EUR 3,750) per person in compensation. 76.     On 7 April 2009 the Warsaw Regional Court joined the applicants’ case to an action which had been lodged one year earlier by a certain B.W., whose house was located in the vicinity of the applicants’ plot, along the N14 road. That claimant sought compensation in the amount of PLN   60,000 (approximately EUR 15,000). B.W also applied for the respondent to be ordered to reorganise the traffic by barring 25-tonne vehicles from entering the town of Stryków He withdrew that claim on 20 February 2009. 77.     On 22 November 2011 the Warsaw Regional Court dismissed the claimants’ action for compensation. In view of the unprecedented nature of the action, the applicants were not ordered to bear any costs of the proceedings. 78.     The regional court based its rulings on the following pieces of evidence: various reports from experts in traffic engineering and acoustics, including the report of 30 November 2010 (described in paragraphs   79-87 below) and submissions made by the claimants and by specialists employed at the relevant time by the roads and motorways authority. The court rejected the report prepared by the Chief Inspectorate for Environmental Protection based on the results of the monitoring of air pollution in the area (see paragraph 43 above). The court considered that, even though it was common knowledge that increased traffic led to increased emissions of exhaust fumes, the exact cause of the air pollution in the area in question was unknown. The court also considered it unnecessary to examine the results of the noise monitoring report commissioned by the claimants (see   paragraph 39 above), or to obtain expert evidence on the effects of the noise on the applicants’ mental health. 79.     The report drawn up on 30 November 2010 by the court-appointed expert in road traffic engineering was produced to answer the question of whether the roads and motorways authority had taken adequate and sufficient measures in the way that they had organised traffic in Stryków. The report contained the following observations and conclusions, in so far as relevant. 80.     The A2 motorway and the N14 road were, at the material time, a   preferred route for drivers. That section of the roads was toll-free and the technical specifications of these roads were better than those on the alternative roads, the N2 and N72. 81.     Intensified traffic on the N14 road was likely to persist until: (i) the opening of the next part of the road, between the Stryków II and Stryków I junctions (the part which was to link the A2 motorway with the A1   motorway passing from the South to the North, just east of Stryków); (ii) the putting in place of ad hoc traffic restrictions; or (iii) the charging of tolls for use of the section of the A2 motorway between Konin and Stryków. 82.     The traffic on the N14 road, after the A2 motorway had been connected to it, was estimated to have increased by 35% in comparison with 2005. Truck traffic on the N14 road had peaked in 2006 at 23% of the total traffic that year. That represented a 13% increase compared with previous years. 83.     In line with the local master plan, the expansion of buildings with a   commercial function (namely warehouses) had been noted in and around Stryków. That had, in all likelihood, generated the increased traffic made up of trucks and other delivery vehicles on the N14 road. 84.     The extension to the motorway that had opened on 22 December 2008 was a temporary construction which did not meet the technical specifications of a motorway. It was also not equivalent to the ring road which had initially been planned to take the traffic out of the centre of Stryków. The court-appointed expert concluded that there was a high probability that, despite the operation of that extension, Warszawska Street had remained the main transit route for traffic diverging from the A2 motorway, including trucks. That road was the shortest connection from the South to the North, and also the only road leading to the warehouses and large commercial buildings in Stryków. Moreover, the 2008 extension had had a tendency to become congested. Overall, however, the operation of that temporary extension had contributed to the decrease in traffic on Warszawska Street after December 2008. 85.     Because of intensified traffic between 2006 and December 2008, Stryków residents had been likely to experience difficulties in crossing Warszawska Street on foot and driving onto that street from their individual plots. When traffic on that road congested, the local population had been exposed to high levels of noise and emissions from the exhaust fumes of vehicles immobilised in traffic jams. Local traffic had been greatly disturbed on such occasions, and aggression among road users had frequently been recorded. 86.     The expert’s overall conclusion was as follows. The intensity of the traffic which had driven down Warszawska Street in Stryków after 26 July 2006 could not have been fully predicted prior to the opening of the section of the A2 motorway from Konin. With the exception of the shortcomings in the 2006 project concerning ad   hoc traffic restrictions (see paragraph 44 above), the roads and motorways authority had been diligent in responding to the problem of the increase in traffic. In particular, the authority had engaged in (i) regular traffic monitoring; (ii) the ad hoc reorganisation of traffic in December 2006, with the idea for that measure being presented two weeks after the section of the motorway had begun to operate; and (iii) the planning and construction of the motorway’s extension through the Stryków I junction in December 2008. 87.     The shortage of funds had made it impossible for the roads and motorways authority to construct a ring road around Stryków, as featured in the local master plan. In the light of that fact, the expert concluded that extending the motorway through the Stryków I junction offered an effective solution to the problem in the shortest possible time. 88.     The regional court considered that the applicants’ right to health and the peaceful enjoyment of their home had been infringed because the noise in their places of residence caused by traffic had gone above the statutory norms. The court held, however, that the authorities had been quick to acknowledge the problem brought to their attention by the area’s residents and to implement an ad hoc measure whereby a portion of the traffic had been diverted to the capital via other roads. The authorities had also been swift to prepare and start implementing the plan for a long-term solution, namely the construction of a road extension outside of Stryków. As of December 2008 those measures had significantly reduced the traffic in the town. In view of these considerations, the court concluded that the authorities had acted in accordance with the law, namely section 20 of the Act of 21 March 1985 on public roads (see below), and thus could not be held liable for the infringement of the applicants’ personal rights. That element distinguished the case from the judgment of the Supreme Court ( Sąd Najwyższy ) of 23 February 2001 (II CKN 394/00, see below), in which it had been held that a local government’s tolerance of noise levels which exceeded the national norms was unlawful and could constitute an infringement of personal rights. Lastly, the court observed that compensation could not be awarded under Article 417 of the Civil Code, because the applicants had not proved that the harm resulting from the increased traffic between 2006 and December 2008 had made them unfit for work. 89.     On 19 December 2012 the Warsaw Court of Appeal ( Sąd   Apelacyjny ) dismissed an appeal by the applicants without charging them any court fees. 90.     The appellate court employed the following reasoning. 91.     The construction of the A2 motorway had pursued a legitimate general interest of society and had received media attention. Because of that, it was understandable that the motorway could not simply have been cut off before reaching Stryków, and that traffic had had to be directed through the town. The increased traffic had indeed caused nuisance to the residents of the area, but it had been the only available solution which had been technically sound. The N14 road had been in operation prior to the motorway, and “nobody had promised ... that [the motorway’s] construction [would] eliminate or reduce traffic on that road”. The fact that traffic, especially truck traffic, had increased had been as a result of matters beyond the power of the roads and motorways authority. In particular, that authority had not been responsible for drivers’ choices and could not predict which type of vehicles would use the N14 road instead of the alternative roads indicated from the city of Konin. It had also been impossible to predict the cars’ impact on air pollution, namely how many cars driving down Warszawska Street would not be equipped with a catalytic converter or would have non-functioning exhaust pipes, and what their speed would be and how often they would use their brakes. The roads and motorways authority had acted in compliance with the law, in that it had taken firstly ad   hoc and then long-term measures to alleviate the nuisance caused by the traffic. 92.     The appellate judgment was served on the applicants on 24   May   2013. No cassation appeal was available to the applicants because the value of their claim was lower than the statutory threshold of PLN   50,000 (see paragraph 105 below). It appears that a cassation appeal lodged by B.W., with whom they had been joint claimants, was rejected on procedural grounds. RELEVANT LEGAL FRAMEWORK AND PRACTICE Liability in tort 93.     Article 23 of the Civil Code, which entered into force in 1964, contains a non-exhaustive list of so ‑ called “ personal rights” ( prawa   osobiste ). This provision states: “The personal rights of an individual, in particular health, liberty, honour, freedom of conscience, name or pseudonym, image, secrecy of correspondence, the inviolability of the home, scientific or artistic work, [as well as] inventions and improvements, shall be protected by the civil law, regardless of the protection laid down in other legal provisions.” 94.     Article 24 paragraph 1 of the Civil Code provides: “A person whose personal rights are at risk [of infringement] by a third party may seek an injunction, unless the activity [complained of] is not unlawful. In the event of an infringement, [the person concerned] may also require the party responsible for the infringement to take the necessary steps to remove [the infringement’s] consequences ... In compliance with the principles of this Code, [the person concerned] may also seek pecuniary compensation or may ask the court to award an adequate sum for the benefit of a specific public interest.” 95.     Article 144 of the Civil Code provides as follows: “In the exercise of his or her rights, an owner of immovable property shall refrain from actions which would infringe the enjoyment of adjacent immovable property beyond an average degree as defined by the socio-economic purpose of the immovable property and the local conditions.” 96.     Under Article 222 § 2 of the Civil Code: “The owner shall have the right to claim restitution of his lawful position and the cessation of infringements of the law against a person who infringes his ownership other than by depriving the owner of actual control of the property in question.” 97.     There is no limitation period for claims under Article 222 of the Civil Code if they relate to immovable property (Article 223 of the Civil Code). 98.     Under Article 415 of the Civil Code, which provides for liability in tort, anyone who through his or her fault causes damage to another is required to repair that damage. 99.     Under Article 448 of the Civil Code, a person whose personal rights have been infringed may seek compensation. The relevant part of that provision reads: “The court may award an adequate sum as pecuniary compensation for non-pecuniary damage ( krzywda ) suffered by anyone whose personal rights have been infringed. Alternatively, the person concerned, regardless of seeking any other relief that may be necessary to remove the consequences of the infringement sustained, may ask the court to award an adequate sum for the benefit of a specific public interest ...” 100.     Furthermore, Article 77 § 1 of the 1997 Polish Constitution ( Konstytucja ), which entered into force on 17 October 1997, and Article 417 of the Polish Civil Code provide for the State’s liability in tort. The latter provision reads as follows:   “The State Treasury, or [as the case may be] a local-government entity or other legal person responsible for exercising public authority, shall be liable for any damage ( szkoda ) caused by an unlawful act or omission connected to the exercise of public authority.” 101.     Article 417 1 § 2 of the Civil Code reads as follows: “Where damage has been caused by the delivery of a final ruling or a final decision, redress for such damage may be sought after the unlawfulness [of the ruling or decision] has been established in relevant proceedings, except where otherwise provided for by law.” 102.     Article 417 2 of the Civil Code provides as follows: “If any damage has been caused to a person through the lawful exercise of public authority, the victim shall claim full or partial redress and compensation, provided that the circumstances, in particular the victim’s being unfit for work or his or her difficult financial situation, call for [a ruling on] an equitable basis.” 103.     Article 445 § 1 of the Civil Code, which is applicable in the event that a person suffers a physical injury or health disorder as a result of an unlawful act or omission of a State agent, reads as follows: “... [T]he court may award the injured person an adequate sum in pecuniary compensation for the damage suffered.” 104.     On 23 February 2001 the Supreme Court ruled in a case concerning noise nuisance stemming from traffic on a high-speed road managed by a   municipality (II CKN 394/00). The court held firstly that the obligations of local government, in the context of protecting the environment, came directly from the Act of 31 January 1980 on protecting and shaping the environment ( Ustawa o ochronie i kształtowaniu środowiska ), which was repealed on 26 October 2001. The provisions of that Act, in conjunction with the relevant civil-law provisions, therefore formed a sufficient basis for claims of a civil nature. Secondly, a local government’s tolerance of noise levels which exceeded the national norms was unlawful and could constitute an infringement of personal rights. Moreover, seeking to remove the consequences of an infringement of those rights, by constructing anti-noise screens, fell within the scope of Article 24 § 1 of the Civil Code. Cassation appeal in civil proceedings 105.     Under Article 398 2 § 1 of the Civil Code, a cassation appeal is not available in respect of cases which concern pecuniary rights and in which the value of a claim is less than PLN 50,000. Environmental regulations Constitutional protection of the environment 106.     Article 5 of the Polish Constitution provides that Poland shall ensure the protection of the environment, being guided by the principle of sustainab