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Leakage of polluted water – water treatment plant – effect on the environment – compensation – company liability – delegated management.

Pays/Territoire
Maroc
Type de cour
Nationale - cour supérieure
Date
Sep 30, 2010
Source
UNEP, InforMEA
Nom du tribunal
Court of Cassation
Siège de la cour
Rabat
Langue
Anglais
Résumé

The legal expert report noted that the harm to the farm was caused directly by the leakage of polluted water from the treatment plant managed by (REDAL) company within the framework of a delegated management contract. This result was confirmed by the official laboratory report (Hassan II institute of Agriculture and Veterinary) attached to the legal expert conclusions. The experts found out from the correspondence of REDAL Company with La Samir Company that the public water-sanitation lines are polluted with hydrocarbons products that can be eliminated by normal sanitation and that regardless of the entity that produces these products. It is established that REDAL Company is responsible for the management of water-sanitation lines which requires it trea it and not dump it again in the sanitation lines only after making sure it is not harmful to the environment. Hence, the elements of liability based on wrong, harm and causal relation exist in this case.
Request rejected

Disponible en
Court of Cassation’s Decisions on the environment