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Author:  Supremo Tribunal de Justiça

Wind turbine #2 is at a distance of 321.83 m from the house and 182.36 m from the stables; wind turbine #3 at 539.92 m and 439.64 m, respectively; wind turbine #4 at 579.86 m and 565.50 m; and wind turbine #1 at 642.08 m and 503 m.

Before November 2006, Quinta was a quiet and peaceful place, with little human presence in the surrounding area, and limited human presence at the site itself – only birds, vegetation, and trees. Before November 2006, the plaintiffs never reported the existence of insomnia, difficulty sleeping, or sleep disturbances. After the start of operation of wind turbines 1, 2, 3 and 4, the plaintiffs have reported the existence of insomnia, sleep difficulties, and sleep disturbances. … After the commissioning of the wind turbines, the 1st plaintiff had complaints of mood changes, fatigue, headache, and hypersensitivity to noise. The remaining members of the household had similar but less severe complaints. …

For this reason, the decision to suspend the wind turbines only from dusk to dawn is unacceptable. … In fact, although not proven that the noise is less in the day day than during the night, if the wind turbines are not turned off, it is clear that the violation of personhood rights is also observed during the daytime, causing anxiety and physical and psychological distress in the whole family.

For this reason, a clear prevalence of personhood rights requires the suspension/removal of all the wind turbines in question. …

DECISION:

For these reasons, in dismissal of the defendant’s case, and the partial granting of the plaintiffs’, it is ordered that the defendant:

a) Suspend the total operation of wind turbine nos. 1, 2, 3, and 4 of the wind farm in the daytime and nighttime, and that the defendant, therefore, remove them.

b) Pay the plaintiffs as compensation the sum of thirty thousand euros.


links:
http://www.dgsi.pt/jstj.nsf/954f0ce6ad9dd8b980256b5f003fa814/4559d6d733d1589780257b7b004d464b
https://www.wind-watch.org/documents/portuguese-supreme-court-orders-4-wind-turbines-removed/


 


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