The Justice Court in the Basque Country has established that the rights of gathering and manifestation have a limitation in the municipal regulations that set the maximum level of authorized noise. Therefore, people can scream and protest but within a certain limit.

What motivated this verdict of the Superior Court, were the demonstrations organized by the union last April, two per week took place in front of a Bingo room in Bilbao, demanding several working improvements. During the acts, demonstrators used megaphone devices and some other acoustic systems with a very high volume level, which originated many complaints from the neighbors.

Therefore, when the union announced their intention to continue with those protests, the department in charge issued a resolution that forbade the use of megaphones if the volume surpasses the decibels that had been set by the municipal regulation in protection of the environment.

In response to this resolution, the union presented an appeal based on the claim of the fundamental right being limited, but it was not accepted by the Superior Court. In their response, they claim that the restriction imposed is proportional and does not affect the basic right of gathering. They claim that the demands can be expressed through banners or other non-sonorous elements.