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Neighborhood harming – carpentering activities and the use of electrical machines – residential neighborhood – noise, pollution and smell – chemical products – dust – asthma – changeable damage – not subject to limitation period.

País/Territorio
Marruecos
Tipo de la corte
Nacional - corte superior
Fecha
Feb 26, 2012
Fuente
UNEP, InforMEA
Nombre del tribunal
Court of Cassation
Sede de la corte
Rabat
Idioma
Inglés
Resumen

The court established damage of machine noise and dust caused by an artisanal shop used for carpentering by electrical machinery, which causes noise, pollution, chemical smells and dust. Consequently, it is not required to look for the activities of people others than the appellant. the court was persuaded that the appellant activities cause this kind of changeable damage which is not subject to period limitation since we can not identify the beginning of the infection, especially that the plaintiff’s family asthma is affected by dust even if asthma is not caused by this dust, and the court having all elements needed to justify the removal of damage was not forced to order an investigation or another legal examination.

Request rejected

Disponible en
Court of Cassation’s Decisions on the environment