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A Spanish court has ordered an insurance company to pay €296,461 in compensation to the family of a Moroccan youth who died in a traffic accident in Morocco. This ruling, issued by the Majadahonda Court near Madrid, has been deemed a significant milestone in handling cross-border legal cases, according to legal experts.
The verdict has garnered attention within Moroccan legal circles, particularly as it pertains to the application of law in civil liability cases outside national borders. It marks a notable development in resolving disputes involving different legal frameworks in traffic accident cases.
Shoaib Lamsahal, a lawyer from the Casablanca Bar and president of the Moroccan Center for Legal Awareness, stated that the court based its decision on the European Rome II Regulation No. 864/2007, which governs the determination of applicable law for non-contractual obligations, including tortious liability resulting from traffic accidents.
Lamsahal added that Article 4 of the regulation stipulates that the applicable law is generally that of the state where the damage occurred—in this case, Morocco. However, the regulation includes exceptions, the most notable of which allows for the law of another country to be applied if the legal ties are stronger with that country.
He explained that the victim, who was 19 years old, was legally residing in Spain, where his family, social, and economic interests are concentrated, while the insurance company is subject to Spanish law. Therefore, the court concluded that the legal circumstances were more closely associated with Spain, necessitating the application of Spanish and European standards in calculating the compensation.
It is important to note that the dispute did not pertain to the driver’s criminal liability, as the preliminary court in Oujda had already convicted him. Instead, the focus was on determining the applicable law for compensating the family.
This decision is expected to serve as an important reference in similar international cases, especially given the increasing movement of people and interests between countries, which presents new legal challenges for courts and insurance companies.
