Garitsa residents vindicated for non-material damage due to noise from basketball court
Garitsa Park
08 Jul 2022
/ 21:34
CORFU. The Central Corfu Municipality chose the solution of settlement and to apply what is required by the court decision as it is recognising the problem.
Residents who were complaining about the noise created by the basketball court in Garitsa were vindicated after they filed an application for interim measures at the Corfu Court of First Instance.
The basketball court is located next to the area where it is planned to create the skate park, if the regeneration of the Garitsa Park goes ahead as planned. The Municipal Councillor and lawyer Fani Tsimpouli told Enimerosi that the decision of the Corfu Court of First Instance is directly related to the skate park that will be constructed and is considered a judicial precedent. The court decision, which calls for measures to prohibit the use of the basketball court during quiet hours, acknowledged that the operation of the sports area under the existing conditions is causing problems.
The application for interim measures
The application for interim measures was filed on 18 August 2020, but due to the pandemic, the application was finally heard on 19 January 2022.
In particular, the decision issued “temporarily obliged the defendant, regarding the operation of the basketball court located in the Garitsa Park:
a) Not to turn on the court’s lighting during quiet hours, except for the emergency lighting (low power),
b) To place in a visible place near the basketball court an information sign regarding the prohibition of the use of the area during quiet hours
c) To ensure that the court is properly supervised during quiet hours, following the completion of the Garitsa Park regeneration project, or to put a fence around it and keep it locked during quiet hours".
The Finance Committee
The issue was recently discussed at a Finance Committee meeting, where a unanimous decision was taken for a settlement between the Central Corfu Municipality and the plaintiffs, with the former being obliged to apply what is required by the court decision.
The solution of settlement has been chosen, because otherwise the Municipality will be obliged to pay each of the plaintiffs €6,000 as compensation for non-material damage, which would be €18,000 in total.
The basketball court is located next to the area where it is planned to create the skate park, if the regeneration of the Garitsa Park goes ahead as planned. The Municipal Councillor and lawyer Fani Tsimpouli told Enimerosi that the decision of the Corfu Court of First Instance is directly related to the skate park that will be constructed and is considered a judicial precedent. The court decision, which calls for measures to prohibit the use of the basketball court during quiet hours, acknowledged that the operation of the sports area under the existing conditions is causing problems.
The application for interim measures
The application for interim measures was filed on 18 August 2020, but due to the pandemic, the application was finally heard on 19 January 2022.
In particular, the decision issued “temporarily obliged the defendant, regarding the operation of the basketball court located in the Garitsa Park:
a) Not to turn on the court’s lighting during quiet hours, except for the emergency lighting (low power),
b) To place in a visible place near the basketball court an information sign regarding the prohibition of the use of the area during quiet hours
c) To ensure that the court is properly supervised during quiet hours, following the completion of the Garitsa Park regeneration project, or to put a fence around it and keep it locked during quiet hours".
The Finance Committee
The issue was recently discussed at a Finance Committee meeting, where a unanimous decision was taken for a settlement between the Central Corfu Municipality and the plaintiffs, with the former being obliged to apply what is required by the court decision.
The solution of settlement has been chosen, because otherwise the Municipality will be obliged to pay each of the plaintiffs €6,000 as compensation for non-material damage, which would be €18,000 in total.
