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Noise and dust emission – exceeding the normal level – proof of neighboring damage – legal examination report

Country/Territory
Morocco
Type of court
National - higher court
Date
Jun 3, 2014
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

Removing the damage falls within personal cases where the quality of appellants is achieved by proving the harm they suffer from as neighbors, and the quality is achieved by some and not by others justifies the decision to remove the damage because it is indivisible.

Proving damage does not require contacting neighbors, and the court issuing the decision had seen the damage from the legal expert’s report which concluded that the machines used in the workshop emits high volume of noise and exceeds the allowed level and the dust exceeds the norms. Thus the existence of damage, regardless of the number of machines and their use at once or not justifies the decision to remove it.

Available in
Court of Cassation’s Decisions on the environment