Administrative Court Number 1 of Alicante has ordered the city council to pay 12,000 euro in compensation for moral damages to two residents affected by noise from a nightclub in the basement of their building.
The court ruled that the local authority breached the fundamental rights of the balance of personal and family privacy, alongside the inviolability of the home. The magistrate partially upheld the appeal brought by the victims, though it ruled that an independent violation of their physical and moral integrity was not proven, according to a statement from the High Court of Justice of the Valencian Community.
The judge ordered Alicante Council to perform a full acoustic inspection within one month of the ruling becoming final. This test must take place during normal operating hours at night, specifically during a representative period of peak activity.
According to the ruling, noise levels repeatedly and significantly exceeded night-time limits. The main source of the noise could have been prevented through control measures on an activity subject to a licence, yet the council failed to deploy appropriate checks or reactions despite having objective evidence.
The problem was officially reported to the council on 15th February and 30th July 2022. Further complaints followed on 24th April 2025 alongside an acoustic report, with additional claims submitted on 19th May, 16th July with over 20 signatures, and 8th September. Other residents also filed complaints on 17th and 19th September.
On 3rd November 2025, the victims filed an administrative claim requesting effective measures and a temporary suspension of the nightclub’s licence.
The magistrate noted that the council had not been entirely inactive, as police reports detailed attempts to arrange access to the home in September 2022, March, June, and August 2023, and November 2024. These records showed the local authority did not ignore the situation completely, with the availability of the complainants not always facilitating immediate measurements.
However, the judge ruled that the response was insufficient overall, as formal written appointments, emails, or administrative notifications were not consistently used following failed attempts, despite contact details being available.
An expert report commissioned by the victims recorded noise levels between 35.3 and 50.9 decibels in their home on several nights between 6th November and 15th December 2024. The court concluded this was a serious, repeated issue rather than an isolated incident. The ruling can still be appealed.
The ruling could further enhance complaints in other municipalities, such as Torrevieja, where the town hall seemingly ignore the complaints of residents during the summer season when loud concerts are hels at the Parque Antonio Soria.
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