Non opposition of the neighbors to the opening of a shop that harm the health and cause disturbance, according to the Dahir of 1914, does not prevent the removal of harm when it is proved, even if having an authorization to practice the activity because harm shall be removed in all cases. The court established through the judicial trustee’s report the existence of machine noise and the sound of scratching gas bottles and clients’ noise until later after midnight which is a time that these things are not considered as a normal harm.

Request rejected