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

Noise pollution and health harm – mobile phone network transmitter – loud voice maddening the resident’s comfort – fall of one of the transmitter’s wings – amplification of harm

País/Territorio
Marruecos
Tipo de la corte
Nacional - corte superior
Fecha
Ene 1, 2012
Fuente
UNEP, InforMEA
Nombre del tribunal
Court of Cassation
Sede de la corte
Rabat
Idioma
Inglés
Resumen

The court’s decision was not well justified and subject to appeal and overruling since it decided on the harm related to health only and did not investigate other aspects of harm nor did it positively or negatively answered. The court when based its arguments to affirm the decision, ordering the rejection of the two appellants’ request, on the fact that no harm has occurred until now, even though the plaintiffs mentioned in their appeal reasons the noise emitted by the disputed device and confirmed it in their memorandum to the court’s hearing. They stated in this memorandum that the harm is caused by noise and by the fall of a metal plate from the device in the yard of the first plaintiff and that why there is a mean to prove amplification of harm caused by this device.

Decision overruled

Disponible en
Court of Cassation’s Decisions on the environment