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ROYAL OFFICE OF PHOSPHATES (OCP)v Nakila Mohammed)

Country/Territory
Morocco
Type of court
National - higher court
Date
May 23, 2006
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

Air pollution – chemical waste – environmental harm – its continuity – not being subject to limitation period.


Regardless of the fact that limitation period is a fundamental defense that can be raised during all phases of the case nevertheless the degree of the court, it cannot be applied to this case because the smoke emitted by the appellee’s factories and the chemical waste thrown by them is continuous and not instantaneous. Therefore limitation period is not applicable to this case. Consequently, the Supreme Court had found that appealed decision was wrong when ruled differently and must be then overruled in this part, and the appellant was to ask for compensation for the harm he suffered for eight years, from 1998 to 2005.


Request accepted and decision overruled

Available in
Court of Cassation’s Decisions on the environment