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Supreme Court Decision A302

Country/Territory
Morocco
Type of court
National - higher court
Date
Mar 25, 2003
Source
UNEP, InforMEA
Court name
Cour Suprême
Seat of court
Rabat
Reference number
A302
Language
French
Subject
Cultivated plants, Legal questions
Keyword
Agricultural development Agricultural land Agriculture and environment Agricultural commodities
Abstract

The court is asked to review an administrative Chamber of the Supreme Court’s decision on the authorization to introduce contaminated grain into Morocco. A company asked the possibility to grind contaminated grain inside the national territory to the administrative tribunal. The tribunal has rejected this request, but the Supreme Court granted the authorization to the company.

The claimant, the Ministry of Justice, argued that the administrative chamber committed an abuse of power because it granted an authorization to introduce infected grain and to grind it. It claimed that there was an abuse of power because there was an interference in a area reserved to the administration (art.382 Civil procedure code). The Supreme Court exceeded the limits of its competence.

According to legislation, the administration is responsible of the protection of crops against harmful germs, through its administrative control, such as health and safety control of plants when they enter or transit through the territory.

Consequently the Supreme Court cancelled the decision.

Full text
Marocco, Supreme Court, 25 March 2003 A302.pdf