Cass. civ., Sec. III, Ord. no. 24741/2023: Noise Nuisances and Right to Compensation

The recent order of the Court of Cassation of August 17, 2023, no. 24741, offers important insights into the issues related to noise nuisances and their impact on citizens' health. The ruling, which is part of a context of growing attention to the rights of property owners and their protection from intolerable disturbances, analyzes the liability of a condominium towards a neighbor and the legal consequences of such nuisances.

Dispute over Noise Nuisances

The case originated from a dispute between A.A. and B.B., in which the former complained of intolerable noise coming from the upstairs apartment. The legal action began with a request for a declaration and compensation for damages suffered. The central issue focused on the evaluation of the evidence presented, particularly regarding B.B.'s conduct and the technical assessments ordered by the Justice of the Peace of Milan.

The only culpable conduct attributable to B.B. concerns the noisiness of the bathroom's plumbing system, which cannot be considered sufficient on its own to cause the health damage complained of by A.A.

The Role of Evidence and Liability

The Court deemed most of the grounds for appeal filed by A.A. inadmissible, highlighting that the plaintiff had not adequately demonstrated the intolerability of the noise, except for that originating from the plumbing system. However, it upheld the complaints regarding the failure to consider biological damage, emphasizing that the technical expert's report had confirmed the existence of a concurrent cause between noise pollution and the pathologies complained of by A.A., but the Tribunal had not taken into account the relevance of this finding.

• Importance of a correct evaluation of evidence in cases of noise nuisances.
• Need for an objective assessment of the intolerability of nuisances.
• Recognition of the concurrent cause between external factors and individual health.

Conclusions and Future Prospects

The Court of Cassation therefore ordered the case to be remanded to the Tribunal of Milan for the assessment of non-pecuniary damages, highlighting the importance of a rigorous analysis of evidence and the owner's liability in cases of noise nuisances. This ruling represents a significant step towards protecting citizens' rights and recognizing the consequences of noise disturbances, emphasizing the need for an increasingly attentive legal approach to these aspects.