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Title:
ROYAL OFFICE OF PHOSPHATES (OCP)v Hriba Jilali
Party:
Morocco
Region:
Africa
Type of document:
National - higher court
Date of text:
November 04, 2007
Data source:
InforMEA
Court name:
Court of Cassation
Seat of court:
Rabat
Abstract:

Chemical waste – industrial activity – causal relation – expert witness – liability.


The ROYAL OFFICE OF PHOSPHATES (OCP) factories release smokes and throw chemical waste. This waste is taken by wind over the neighboring crops and shadows the sun according to the expert witness. That tortuous act would cause harm to the plaintiff, as explained in legal expert ‘s conclusions, which confirm the direct relation between the ROYAL OFFICE OF PHOSPHATES (OCP) activity and the harm suffered. Consequently, the Supreme Court found that the appealed decision holding the defendant fully reliable based exclusively on the expert witness is well reasoned and based on legal ground.

Appealed decision upheld

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