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Spanish social center v chairperson of the commune council of Rabat and its co-defendants

Pays/Territoire
Maroc
Type de cour
Nationale - cour supérieure
Date
Déc 29, 2011
Source
UNEP, InforMEA
Nom du tribunal
Court of Cassation
Siège de la cour
Rabat
Langue
Anglais
Résumé

Protection and development of green areas – development plan – registration of the land lot as property of the district - violation of an international agreement on the environment – demonstrate the violation of its provisions.

The court issuing the appealed decision, established from the observation report prepared by the reporter judge in the lower level, and from the statement of the municipality representative the existence of an empty area conceded by the owners for the municipality. Therefore the court when it rejected what plaintiff insisted on for the development of green areas, did not need to confirm the registration of the land lot to the property of the commune because the said proceeding can be performed according to the testimonial of the municipality representative about the transfer of the land lot to its property. Regarding the far distance of the said lot from the plaintiff, and the fact that he was not being present at time of the observation, the court decided that those defenses were not raised before the court issuing the decision and were raised for the first time before the Court of Cassation as long as the visit of the judge was done in the lower level. In addition the plaintiff did not mention how the appellate court violated the Article 18 of the law number 25.90, consequently its decision was well-grounded.

Also, the appealed decision cannot be objected as a breach of the international agreement on the environment that was ratified by Morocco, without explaining in a written memorandum the reasons within a period of 30 days from the notification of the request according to the article 364 of the code of civil law .

Disponible en
Court of Cassation’s Decisions on the environment