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State of Morocco et al v Amirimatix

Country/Territory
Morocco
Date
May 5, 2014
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

The court established from the facts of the dispute and from the legal expert’s report that the administration is liable for the damages caused by
the flood because it did not not take into account all factors while building the barrier and the creation of the waterway to discharge water, accordingly
lack of taking necessary precautions to avoid such accidents by doing deep technical and geometrical studies that think about the morphological
nature of the area and the weakness of discharging water given that the concrete waterway could not handle that, as well as the force of sea
tide which limits the speed of discharging water and stands as a barrier before it. The court then when ruled to compensate the harmed company
its decision was well grounded even if did not adopt the argument of the administrative court in this matter but rather based its ruling on a new
argument. Therefore the defense of the plaintiff regarding the insufficiency of reasoning and distortion of facts were not legally based.

Available in
Court of Cassation’s Decisions on the environment