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ROYAL OFFICE OF PHOSPHATES (OCP) v Heirs of Wareth Idriss

Country/Territory
Morocco
Type of court
National - higher court
Date
Jun 4, 2015
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

Solid and gaseous waste – environmental harm – industrial activity – legal expert examination – compensation.


When it was proven before the appellate trial judges, through the required legal examination ordered, that industrial activity inside the factories of Maghrib Phosfour Asfi produces solid and gaseous waste. It causes also emission of fluorine gases, the accompanying volatile, fine substances during the production of phosphoric acid and fertilizer through towers after washing them to minimize air emission. Gaseous waste that was related to the production of Nitrogen fertilizers exists since its production seized in factories of Maghrib Fousfour Asfi in 2007. It was proven through the legal examination that this waste fall on plant leaves and on the lands which affects the real estates of the two appellees. The court then rightfully concluded that there is a causal relation between the said activity and the harm caused to the real estates of the two defendants in cassation based on the liability of risks. Regarding the violation of Article 143 of the Code of Civil law, the court of appeal stated that “compensation claim does not constitute a new claim presented for the first time before the court of appeal, yet it is the essence and the base of the current litigation since the start of the case, which makes what the appellee based on in this regard as legally unfounded”. Thus, the court justified its decision both regarding the facts and regarding the law without violating the argued provision. About the violation of the provisions of Article 1 of the Code of Civil law, Appeal judges demonstrated that the two appellees presented a notarial act proving their exploitation of the real estate subject to the compensation claim from 1984 until October of 2009, which makes the appealed decision well justified and well founded.

Available in
Court of Cassation’s Decisions on the environment