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Pollution of water and soil – sewage disposal – effect of leakage - company liability – delegated management.

Country/Territory
Morocco
Type of court
National - higher court
Date
Sep 12, 2010
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

The official laboratory report proved that subsequent pollution of the estate and the well was as a result of polluted water and sewage leakage from the pumping station managed by REDAL. The legal expert’s report includes the existence of an opening in the tank any time the level of sewage reaches this opening it spills in the surface canal (rain water stream) and passes beside the real estate. As a result of the closeness of the well in the estate to the water stream, its water is turbid and smells like sewage and it is visibly polluted. This proved to the court the harm caused by the sewage flowing through the rain water stream because of the company and no one else. Thus, it did not have to invite La Samir Company or to order a counter legal examination as long as the accredited report covered the technical side of the dispute. Consequently, the decision does not breach any right of defense and it was well justified.
Request rejected

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Court of Cassation’s Decisions on the environment