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Dust – asthma – changeable – period limitation

Country/Territory
Morocco
Type of court
National - higher court
Date
Feb 26, 2013
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

The court established damage of machine noise and dust caused by an artisanal shop used for carpentering by electrical machinery, which causes noise, pollution, chemical smells and dust. Consequently, it is not required to look for the activities of people others than the appellant. the court was persuaded that the appellant activities cause this kind of changeable damage which is not subject to period limitation since we can not identify the beginning of the infection, especially that the plaintiff’s family asthma is affected by dust even if asthma is not caused by this dust, and the court having all elements needed to justify the removal of damage was not forced to order an investigation or another legal examination.


Request rejected

Available in
Court of Cassation’s Decisions on the environment