Intollerabilità delle immissioni acustiche: primato dell’art. 848 c.c. e risarcimento del danno (non patrimoniale)

The intolerability of acoustic inputs, the limit of which is relative and not absolute, must be concretely ascertained by the judge pursuant to art. 844 of the civil code, only with the contribute of the administrative discipline (protection) (in particular, Article 6ter, Legislative Decree No. 208 of 2008). In the context of the refundability of the non-patrimonial damages deriving from intolerable inputs, the judge must comply with the requests of the party.