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ROYAL OFFICE OF PHOSPHATES (OCP)v Hriba Jilali

Country/Territory
Morocco
Type of court
National - higher court
Date
Nov 4, 2007
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

Chemical waste – industrial activity – causal relation – expert witness – liability.


The ROYAL OFFICE OF PHOSPHATES (OCP) factories release smokes and throw chemical waste. This waste is taken by wind over the neighboring crops and shadows the sun according to the expert witness. That tortuous act would cause harm to the plaintiff, as explained in legal expert ‘s conclusions, which confirm the direct relation between the ROYAL OFFICE OF PHOSPHATES (OCP) activity and the harm suffered. Consequently, the Supreme Court found that the appealed decision holding the defendant fully reliable based exclusively on the expert witness is well reasoned and based on legal ground.

Appealed decision upheld

Available in
Court of Cassation’s Decisions on the environment