Administrative, Civil

The court is asked to review an administrative Chamber of the Supreme Court’s decision on the authorization to introduce contaminated grain into Morocco. A company asked the possibility to grind contaminated grain inside the national territory to the administrative tribunal. The tribunal has rejected this request, but the Supreme Court granted the authorization to the company.

The claimant, the Ministry of Justice, argued that the administrative chamber committed an abuse of power because it granted an authorization to introduce infected grain and to grind it. It claimed that there was an abuse of power because there was an interference in a area reserved to the administration (art.382 Civil procedure code). The Supreme Court exceeded the limits of its competence.

According to legislation, the administration is responsible of the protection of crops against harmful germs, through its administrative control, such as health and safety control of plants when they enter or transit through the territory.

Consequently the Supreme Court cancelled the decision.