Ecolex Logo
El portal del
derecho ambiental
Resultados de la búsqueda » Jurisprudencia

National Insurance Company/ the Moroccan State, et al

País/Territorio
Marruecos
Tipo de la corte
Nacional - corte superior
Fecha
Mar 13, 2012
Fuente
UNEP, InforMEA
Nombre del tribunal
Court of Cassation
Sede de la corte
Rabat
Idioma
Inglés
Resumen

Sea pollution – TOTAL company – leakage of petroleum products – requesting the state to compensate


The court issuing the decision concluded that the source of leakage comes from the piplines of TOTAL and makes her liable when it established that the ship offloading petroleum products in the stockrooms of TOTAL and the pollution was observed directly, as well as the analysis of samples taken by the two legal experts made by Laboratory LA SAMIR that proved that the hydrocarbon causing the pollution is type 1 and 2 of the same type offloaded from the Ship into the stockrooms of TOTAL. It was also detected an important shortage in the said products in the stockrooms compared to what was offloaded, as well as the statement of Qaid (employee of the state administration) who observed a fuel leakage in the pipelines of TOTAL, and there is no enough evidence that the station of the national office of electricity has a hand in the pollution, and thus the court discussed all parties’ arguments and rejected implicitely the legal examination made by TOTAL and performed by its expert, therefore its decision is well grounded.

Disponible en
Court of Cassation’s Decisions on the environment