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ROYAL OFFICE OF PHOSPHATES (OCP)v heirs at law of Said Ben Abdenabi Mhinda

Country/Territory
Morocco
Type of court
National - higher court
Date
Aug 1, 2015
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

Emission of fluorine gases and fine substances – waste falling on the land property and on plant leaves – causal relation between the harm and the party causing it – the real estate ability to agricultural use – elements of liability – service industry.


Proving harm and the causal relation between it and the damaging act is a matter of facts. When the appellate court provide compensation based on the legal expert‘s conclusions that defined the relation between the harm and the party causing it. It demonstrates the existence of harm caused by the emission of fluorine gases, the accompanying volatile, fine substances during the production of phosphoric acid and fertilizers through towers after washing them to minimize air emission. The Supreme court therefore conclude that this waste falling on plant leaves and on the plaintiff’s land makes the appellate court’ decision well justified.


Request rejected

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Court of Cassation’s Decisions on the environment