In this case, the plaintiffs petitioned the court for it to order dismantling mobile phone antennas installed on the terraces of the building called Agrupación de Vivienda la Esperanza.

The plaintiffs based their claim on the fact that those mobile phone antennas present a danger for the environment and for public health, especially for the children that are living in those buildings and that consequently, those antennas where violating the right of the plaintiff to a health and the right to a healthy environment. The court of first instance held that there was no evidence of that the electronic waves resulting from the antennas could be considered to be to be dangerous for the environment or the public health. As a result, the court dismissed the petition.

The plaintiff sought appeal in front of the Supreme Court. The judges of the Supreme Court upheld the decision of the court of first instance as they consider that there is no scientific evidence of the environmental impact of those waves and that the antennas were legally installed. As a result, the court dismissed the appeal.