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Air pollution – smokes – source of harm – proof – elements of compensation.

Country/Territory
Morocco
Type of court
National - higher court
Date
May 27, 2014
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

Even though concluding the existence of harm and the reason behind it are part of facts that the trial court has the sole discretion to estimate based on the evidence, it remains conditioned by demonstrating reasons leading to its conclusion. The court’s decision was not well grounded when it relied on the expert witness and ruled in disagreement with it in specifying the source of harm that resulted from one chimney without any used case documents to state otherwise, as well as when it ruled on compensation for harm without showing any elements used. Also, the court breached the law and ruled for more than the plaintiff asked when it ruled on removing the harm done by the three chimneys even though the plaintiff’s requests focused on removing harm caused by one chimney.


Decision overruled

Available in
Court of Cassation’s Decisions on the environment