Cass. civ., Sez. III, Ord. n. 24741/2023: Acoustic Emissions and the Right to Compensation
The recent ruling of the Court of Cassation dated August 17, 2023, n. 24741, offers important insights into the issues related to acoustic emissions and their impact on the health of citizens. The judgment, which is part of a growing concern for the rights of property owners and their protection from intolerable disturbances, analyzes the responsibility of a condominium towards a neighbor and the legal consequences of such emissions.
Challenge of Acoustic Emissions
The case originated from a dispute between A.A. and B.B., where the former complained about intolerable noises coming from the apartment above. The legal action began with a request for verification and compensation for the damages suffered. The central issue focused on the evaluation of the evidence presented, particularly regarding the conduct of B.B. and the technical assessments ordered by the Justice of the Peace in Milan.
The only culpable conduct attributable to B.B. concerns the noise of the plumbing system in the bathroom, which cannot be considered alone sufficient to cause the health damage claimed by A.A.
The Role of Evidence and Responsibility
The Court deemed most of the grounds for appeal presented by A.A. inadmissible, highlighting that the plaintiff did not adequately demonstrate the intolerability of the noises, except for those coming from the plumbing system. However, it accepted the complaints regarding the failure to consider the biological damage, emphasizing that the technical consultant had confirmed the existence of a causal effect between the acoustic pollution and the health issues complained of by A.A., but the Court had not taken into account the relevance of such evidence.
- Importance of a correct evaluation of evidence in cases of acoustic emissions.
- Need for an objective assessment of the intolerability of emissions.
- Recognition of the co-causality between external factors and individual health.
Conclusions and Future Perspectives
The Court of Cassation therefore ordered a referral to the Court of Milan for the assessment of non-economic damages, highlighting the importance of a rigorous analysis of evidence and the responsibility of the property owner in cases of acoustic emissions. This ruling represents a significant step towards the protection of citizens' rights and the recognition of the consequences related to acoustic disturbances, emphasizing the need for a legal approach that is increasingly attentive to these aspects.
