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ROYAL OFFICE OF PHOSPHATES (OCP) v Taher Filali

País/Territorio
Marruecos
Tipo de la corte
Nacional - corte superior
Fecha
Jul 9, 2008
Fuente
UNEP, InforMEA
Nombre del tribunal
Court of Cassation
Sede de la corte
Rabat
Idioma
Inglés
Resumen

Air and crops pollution– principle of assuming consequences and principle neighboring harm – unfamiliar harm – industrial activity – environmental liability.

The liability of the ROYAL OFFICE OF PHOSPHATES (OCP) is based on the neighboring harm or what is known as unfamiliar harm reflected, according to the facts of the case, in the smoke and gas emission from its factories. These emissions harmed the appellant’s crops. That kind of liability is not based on an error or abuse in the use of a legal right; yet it is based on a theory of assuming liability, that is to say the ROYAL OFFICE OF PHOSPHATES (OCP) assumes consequences of an activity of using its factories which it benefits from. As a result it is liable for compensating the damage suffered by the owners of the harmed neighboring lands.

Request rejected

Disponible en
Court of Cassation’s Decisions on the environment