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Leakage of petroleum products – health effects and environmental pollution – compensation for harm – liability of an industrial facility.

País/Territorio
Marruecos
Tipo de la corte
Nacional - corte superior
Fecha
Sep 16, 2010
Fuente
UNEP, InforMEA
Nombre del tribunal
Court of Cassation
Sede de la corte
Rabat
Idioma
Inglés
Resumen

When the court ruled compensation, it based its decision firstly on the memorandum presented by La Samir Company which confirmed the gas leakage from one of its pipes. The said company acknowledged the fact of gas leakage , the harm suffered by the appellant and accept to compensate him. The decision is based secondly on the report made by the Municipality of Skhirat as well as the legal expert examination performed by an engineer who was assigned by the municipality to go to the farm owned by the appellant in order to specify the effect of the petroleum leakage the region has known on the agricultural activity, farm wells and soil. And to determine the value of direct harm and the money spent, and the role of the company to delimit pollution caused by the leakages. Thus, the court has all the elements to determine compensation.

Request rejected

Disponible en
Court of Cassation’s Decisions on the environment