A Dublin couple whose home is close to the Luas Green Line have lost a High Court action against the Railway Procurement Agency over noise from the trams.
Paula and Vincent Smyth of Cambridge Terrace, Leeson Park in Dublin, had claimed they could not enjoy their house or garden because of the excessive noise from trams passing their home hundreds of times a day.
The couple had sought injunctions restraining the RPA from operating the Green Line in a manner that caused noise nuisance and requiring them to erect an appropriate barrier to reduce the noise.
In a lengthy judgment, Ms Justice Mary Laffoy said despite the fact that the RPA had failed to comply with a requirement to set day and nighttime noise levels, the Smyths had failed to establish nuisance.
She said the issue of noise had been dealt with at a public inquiry and had not been challenged.
In their action, the couple had said that Luas trams passed their home 330 times between 5.30am and 12.30am every weekday and 254 times daily at weekends.
They said they were unable to enjoy their garden or hold a conversation when a tram passed.
They said the most significant problem was sleep and they regularly had to sleep with the windows shut and use earplugs.
The case will come before the court in two weeks to address the issue of costs.