In some circumstances, the continuous barking of a dog can be very annoying. And doing nothing about it can be expensive, including heavy fines. This has been established by the Superior Court of Justice of the Valencian Community (TSJV), which has confirmed a sentence against the Antella City Council (Valencia), which must pay 3,000 euros to a neighbor for inactivity due to the barking of a dog.
The complainant, who stated that he was prevented from carrying out his duties normally during the day and sleeping at night, asked to be compensated for the damages suffered since 2010, as a result of the consistory having omitted "its obligation to verify the noises reported" on various occasions, coming from the barking of a dog on the terrace of the house located in front of his home.
In a first ruling, the court partially upheld the appeal and ordered the defendant City Council to pay the plaintiff the amount of 3,000 euros as compensation for the damage caused.
In its resolution, the court of first instance understood that there was an assumption of patrimonial responsibility of the City Council "given the municipal inactivity" due to the noises suffered at his home by the claimant, coming from the barking of the dog, according to the witness evidence. practiced and the acoustic measurement report provided.
However, the neighbor claimed 60,000 for the damages suffered and appealed to the Contentious-Administrative Court number five of Valencia, which has dismissed his request and has set the compensation at 3,000 euros.
According to the sentence to which Europa Press has had access, to set the compensation, the justice has taken into account the duration of the acoustic disturbance and the compensation amounts recognized by this same court in other cases of administrative patrimonial responsibility, due to inactivity in the face of acoustic emissions. violations of the fundamental rights of other appellants.
However, it rejected the claimed compensation for physical and mental damage suffered consisting of an anxious-depressive picture, understanding that "there was no proof that they were caused by acoustic disturbances."
