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Propagation of garbage and soil – not doing renovation and maintenance – threat to health and safety of residents – violation of laws regarding health and environment.

Country/Territory
Morocco
Type of court
National - higher court
Date
Nov 20, 2012
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

As long as there is a warning directed by the urban commune of Fes to the landlord warning him to do all the required proceedings to renovate and maintain the exploited building by the Jewish community who have been suffering from the harm affecting their walls and their roofs. Therefore the demolition of their ceiling, the garbage and soil which fill the second and the third floors threats their safety. Thus, necessary measures should be taken urgently to renovate and maintain the said building. Otherwise, the behavior of the landlord would be qualified as an infringement according to the laws related to health and environment pursuant to the municipality’s decision. The court was right, and within its discretionary power, when it based its ruling on the provisions of Article 15 of the Dahir issued in December 25 1980, and when it concluded from the case documents that it is necessary to demolish the building subject of this litigation for a modern construction based on the prepared plan.

Request rejected

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Court of Cassation’s Decisions on the environment