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Leakage of petroleum products – health effects and environmental pollution – compensation for harm – liability of an industrial facility.

Country/Territory
Morocco
Type of court
National - higher court
Date
Sep 16, 2010
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

When the court ruled compensation, it based its decision firstly on the memorandum presented by La Samir Company which confirmed the gas leakage from one of its pipes. The said company acknowledged the fact of gas leakage , the harm suffered by the appellant and accept to compensate him. The decision is based secondly on the report made by the Municipality of Skhirat as well as the legal expert examination performed by an engineer who was assigned by the municipality to go to the farm owned by the appellant in order to specify the effect of the petroleum leakage the region has known on the agricultural activity, farm wells and soil. And to determine the value of direct harm and the money spent, and the role of the company to delimit pollution caused by the leakages. Thus, the court has all the elements to determine compensation.

Request rejected

Available in
Court of Cassation’s Decisions on the environment