Neighborhood harming – carpentering activities and the use of electrical machines – residential neighborhood – noise, pollution and smell – chemical products – dust – asthma – changeable damage – not subject to limitation period.

Title:
Neighborhood harming – carpentering activities and the use of electrical machines – residential neighborhood – noise, pollution and smell – chemical products – dust – asthma – changeable damage – not subject to limitation period.
Party:
Morocco
Region:
Africa
Type of document:
National - higher court
Date of text:
February 26, 2012
Data source:
InforMEA
Court name:
Court of Cassation
Seat of court:
Rabat
Abstract:

The court established damage of machine noise and dust caused by an artisanal shop used for carpentering by electrical machinery, which causes noise, pollution, chemical smells and dust. Consequently, it is not required to look for the activities of people others than the appellant. the court was persuaded that the appellant activities cause this kind of changeable damage which is not subject to period limitation since we can not identify the beginning of the infection, especially that the plaintiff’s family asthma is affected by dust even if asthma is not caused by this dust, and the court having all elements needed to justify the removal of damage was not forced to order an investigation or another legal examination.

Request rejected

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