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Dealing with Noise Nuisance in France
5. Taking Civil ProceedingsGiven the deficiencies of the criminal process outlined in the previous pages, more often than not a complainant needs to bring a civil action instead of trying to invoke the public authorities to act.
The legal test for noise nuisance in civil cases is whether or not the noise is ‘abnormal’. The courts take the view that neighbours need to have a degree of tolerance towards one another and that a certain level of disturbance is a normal part of daily life. You are best advised to seek the advice and assistance of the local huissier to help provide independent evidence in support of your complaint. Before you think about engaging an avocat to defend you, or bring a legal action, you may want to consider making use of the legal advice service available in legal advice centres that have been created in most of the départements of France. The services of these centres are often free of charge.
Where you are seeking damages not exceeding €4000 then the case can be heard by a local court (juge de proximité) where the use of an avocat is not obligatory. Next: Commercial Noise Nuisance Back Criminal Proceedings Couldn't find what you are looking for? Search again now!
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