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ROYAL OFFICE OF PHOSPHATES (OCP) v Mrs. Himes Fatima

Country/Territory
Morocco
Type of court
National - higher court
Date
Feb 21, 2007
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

Leakage of gases – heal and environmental damages – proving causality – medical legal examination.

When the court dismissed the legal examination it ordered as well as the request to change the expert in environment with an expert doctor based
on the fact that she has all the necessary elements to rule on the case whereas it did not have a causal relation between the leakage of cases
and the medical status of the appellant , thus, it had to perform a medical legal examination on the later to identify this relation, as a result, the
appealed decision must be overruled.

Decision overruled

Available in
Court of Cassation’s Decisions on the environment