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ROYAL OFFICE OF PHOSPHATES (OCP)v Nakila Mohammed)

País/Territorio
Marruecos
Tipo de la corte
Nacional - corte superior
Fecha
May 23, 2006
Fuente
UNEP, InforMEA
Nombre del tribunal
Court of Cassation
Sede de la corte
Rabat
Idioma
Inglés
Resumen

Air pollution – chemical waste – environmental harm – its continuity – not being subject to limitation period.


Regardless of the fact that limitation period is a fundamental defense that can be raised during all phases of the case nevertheless the degree of the court, it cannot be applied to this case because the smoke emitted by the appellee’s factories and the chemical waste thrown by them is continuous and not instantaneous. Therefore limitation period is not applicable to this case. Consequently, the Supreme Court had found that appealed decision was wrong when ruled differently and must be then overruled in this part, and the appellant was to ask for compensation for the harm he suffered for eight years, from 1998 to 2005.


Request accepted and decision overruled

Disponible en
Court of Cassation’s Decisions on the environment