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Hard waste – temporary harm that might increase – principle of harm possessed by its duration

Country/Territory
Morocco
Type of court
National - higher court
Date
Dec 23, 2014
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

Temporary harm that can be increased is not subject to the principle of harm is possessed by its duration. The court based its ruling on the legal expert’sreport, which stated that the landfill cuts down the land and it has insects and during windy times, garbage moves to the plaintiff’s land, and the report lacking to mention the time of the landfill does not affect its conclusion because this kind of harm is subject to change and it is not known when it occurred so that we can calculate the duration.

Request rejected

Available in
Court of Cassation’s Decisions on the environment