The discipline of the air traffic as for noise (Commentary to the Judgment of the Supreme Court dated 13 th October 2008).

The author analyses in this paper the incident that the noise generated by the air traffic presents on the fundamental rights to the life and to the physical integrity, as well as to the domiciliary and personal intimacy from the Judgment of October 13, 2008 dictated by High Court. In this Judgment the keys are demonstrated, on the one hand, to recognize the threshold of bearable noise which overcoming determines the violation of the right to the physical integrity, and on the other hand, the consolidation of the right to the respect to the private and family life opposite to the noise emissions from aircraft suffered by the inhabitants of the surrounding areas of the airport facilities in line with the jurisprudence of the European Court of Human rights.