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Title:
Leakage of petroleum products – health effects and environmental pollution – compensation for harm – liability of an industrial facility.
Party:
Morocco
Region:
Africa
Type of document:
National - higher court
Date of text:
September 16, 2010
Data source:
InforMEA
Court name:
Court of Cassation
Seat of court:
Rabat
Abstract:

When the court ruled compensation, it based its decision firstly on the memorandum presented by La Samir Company which confirmed the gas leakage from one of its pipes. The said company acknowledged the fact of gas leakage , the harm suffered by the appellant and accept to compensate him. The decision is based secondly on the report made by the Municipality of Skhirat as well as the legal expert examination performed by an engineer who was assigned by the municipality to go to the farm owned by the appellant in order to specify the effect of the petroleum leakage the region has known on the agricultural activity, farm wells and soil. And to determine the value of direct harm and the money spent, and the role of the company to delimit pollution caused by the leakages. Thus, the court has all the elements to determine compensation.

Request rejected

Available in:
Court of Cassation’s Decisions on the environment