Data source
Date of text
03 Jun 2014
Country
Seat of court
Rabat
Original language
English
Type of text
National - higher court
Court name
Court of Cassation
Sources
InforMEA
Removing the damage falls within personal cases where the quality of appellants is achieved by proving the harm they suffer from as neighbors, and the quality is achieved by some and not by others justifies the decision to remove the damage because it is indivisible.
Proving damage does not require contacting neighbors, and the court issuing the decision had seen the damage from the legal expert’s report which concluded that the machines used in the workshop emits high volume of noise and exceeds the allowed level and the dust exceeds the norms. Thus the existence of damage, regardless of the number of machines and their use at once or not justifies the decision to remove it.