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ROYAL OFFICE OF PHOSPHATES (OCP)v Fatna Bent Bachire Ben Lemalem Taher

Country/Territory
Morocco
Type of court
National - higher court
Date
Jul 18, 2007
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

Smoke emission – continuous act – reparation – adequate compensation.

 
When the Appellate court concluded in its judgment that the two requirements stipulated by Article 106 of the Code of Obligations and Contracts are fulfilled, because of the proximity of the appellant’s land from the facilities of ROYAL OFFICE OF PHOSPHATES (OCP) even though there is nothing in the case that proves that he was knowing about it, it was literally wrong. Also, the smoke emission from the facilities and its continuity to exist in the site as a continuous act, hence it is not subject to limitation period which makes the judgment wrong when the court ordered compensation only for the last five years prior to the filing of the litigation, and that’s why the court should amend her decision to provide compensation that cover all the period requested by the plaintiff from 1981 until 2004. Furthermore, the court did not explain its decision regarding the refuse of allowing a percentage from yearly compensation suggested by the legal expert for environmental repartition. Thus, the supreme court ruled that the appellate court must amend the compensation in this regard and should comply with the legal expert’s conclusions based on the harm caused to the appellant’s land.

Available in
Court of Cassation’s Decisions on the environment