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Water pollution – exploitation of a quarry – expertise – Nitric Acid

Country/Territory
Morocco
Type of court
National - higher court
Date
Nov 1, 2012
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

The right to exploit the quarry has moved to the defendant through the leasing-management contract without any objection from the plaintiff does not stand in the way of facing the defendant (the one exploiting the quarry) regarding the damages that might occur as a result of exploiting the said quarry, according to what she committed to in this contract, as long as the vetinary report confirmed that the well’s water in the farm is polluted and rich in Nitric Acid, as opposed to what stated in the appealed decision. The court issuing the appealed decision considered that the plaintiff no opposing the defendant for exploiting the quarry and the move of right to the latter from the owner of the business asset as a proof for lack of damage and concluded there is lack of liability components without discussing what was stated in the two veterinary reports regarding the death of livestock as well as the legal examination report stating that the farm suffered damage because of the defendant, and without investigating whether the well’s polluted water was caused by the explosives used by the defendant or another reason. Thus, the court’s decision was groundless and must be overrules.

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Court of Cassation’s Decisions on the environment