L., a Spanish national, appealed to the European Court of Human Rights with a complaint against the Spanish government. The essence of the complaint is that for five years a waste recycling enterprise has been operating near her home, which by its activities harmed the health of the local population. The applicant repeatedly appealed to the judicial and other state authorities of her country with statements about the unlawful actions of the enterprise, but to no avail.
According to the applicant, there has been a violation of Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Is the complaint well-founded? What position should the Court take in this case?
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