The exercise of a professional activity must respect the tranquility of the neighborhood
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
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The specific rules on neighborhood noise from a professional activity do not apply to all farms but only to establishments intended to create noise pollution. This was decided by the Court of Cassation in its decision of January 14, 2020.
Following complaints from local residents due to noise pollution, municipal police fined a restaurant. Indeed, the music played inside was clearly visible from the outside.
The restaurant took legal action to contest the decision. For him, his professional activity is subject to special regulations concerning neighborhood noise. In this case, he claims that the noise level should have been measured before being punished for violating the tranquility of the neighborhood.
The Court of Cassation upholds the Court of Appeal's ruling. For her, the operation of a traditional restaurant is not likely to create noise nuisance. Thus, the contravention and the fine are maintained. The restaurant is the source of a particular noise that does not result from a professional activity and that could harm the tranquility of the neighborhood.
