The court relied upon examples of nuisance. In particular –
1. An aesthetic harm which took the form of environmental degradation of a rural landscape.
2. Noise pollution caused by the humming and whistling noises coming from the wind turbines.
3. Visual pollution caused by the blinking of red and white lights every two seconds, 24 hours a day.
In the Court’s opinion, this constant, unnatural and insufferable situation created a prejudice which went beyond the normal inconveniences to be expected from one’s neighbors and, thus were a violation of the plaintiffs’ property rights.
The Court ordered that the defendant remove ten of the wind turbines within four months; after this time a penalty of €500 per turbine, per day would be payable. The defendant was also ordered to pay the plaintiffs €37,500for the harm experienced since June 2007.