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The Moroccan Association for the protection of environment and citizenship v the Moroccan state

Country/Territory
Morocco
Type of court
National - higher court
Date
Sep 11, 2014
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

Use of quarries – polluting a residential area – identifying, proving, and removing environmental damages – jurisdiction of ordinary courts.

The request in this case aims at ordering a judicial examination to identify the damages caused to the environment and residents of the area by the pollution of the quarries in the area, and at removing these damages under a daily fine. Therefore, the case is about identifying, proving and removing damages and not compensating them, which comes under the jurisdiction of ordinary courts and not under the jurisdiction of administrative courts that have jurisdiction over cases of compensation for damages caused by activities of public entities pursuant to Article 8 of law number 90.41 regarding the creation of administrative courts . As a result, the administrative court is right to rule that it has no jurisdiction to decide in such matters, and thus its decision must be confirmed.

Decision confirmed and case has to be sent to the ordinary court

Available in
Court of Cassation’s Decisions on the environment