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ROYAL OFFICE OF PHOSPHATES (OCP) v Sekouat Abderrahim

Country/Territory
Morocco
Type of court
National - higher court
Date
Sep 25, 2014
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

Dumping chemical waste – causal relation – responsibility based on
harm related to the nature of the facility’s activity.


The court ruling the appealed judgment have found in the legal expert’s examination she ordered that the defendant’s factories emit smoke and dumps chemical waste and that this waste caused harm to the plaintiff. that confirms the existence of causal relation between the ROYAL OFFICE OF PHOSPHATES (OCP)’s activity and the harm suffered. As a result, it attributed responsibility to the ROYAL OFFICE OF PHOSPHATES (OCP) based on the risks related to the nature of the facility is managing, and based on the causal relation between this facility’s activity and the harm caused to the plaintiff. Consequently, the court’s decision is legally founded.

Request rejected

Available in
Court of Cassation’s Decisions on the environment