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Title:
SOCOPROD Company v urban commune of Itnin Iklou
Party:
Morocco
Region:
Africa
Type of document:
National - higher court
Date of text:
April 22, 2009
Data source:
InforMEA
Court name:
Court of Cassation
Seat of court:
Rabat
Abstract:

Exploitation of gravel quarry in forests property – refusal to renew authorization – temporary occupation – annulment of a decision issued – administrative court’s jurisdiction.

The appealing party insists in the reasons of appeal that the request is basically about eliminating an environmental harm the plaintiff claims it affects a property inside its jurisdiction, which is a request that falls within the jurisdiction of ordinary courts. When the preliminary claim aims at the annulment of a decision that rejects to renew the authorization of the company for reasons of temporary occupation of forests property for exploitation of gravel quarry, issued by an administrative authority, then it is the administrative court’s jurisdiction since the request falls within the request for annulment even the decision seems to be annulled is related to the environment and to the elimination of harm.

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