The case concerns a 19-year-old young man, resident in Spain, who died in a collision on Moroccan territory. If the driver’s liability had already been established by the Oujda courts, the dispute concerned the amount of the repairs. The insurance company pleaded for the application of the Moroccan scale, which was significantly less advantageous, while the family demanded compliance with European standards.
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To win its case, the defense relied on the Rome II community regulation, invoking a “close link” with Spain. The judge ruled that all the actors – the driver, the vehicle, the victim and the insurer – were legally and geographically linked to the peninsula. The mere location of the tragedy was not considered sufficient to rule out the victim’s right of residence.
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The family’s lawyer, cited by Rue20argued that imposing a foreign law limiting compensation would undermine the principle of “justice and fairness”. According to him, the Spanish legal system must guarantee “complete and complete compensation” as long as the center of life and the interests of the victim are in Spain. This approach places the social and human bond above the strict geography of the accident.
This judgment marks a legal victory for Moroccans residing in Spain. It confirms that judicial protection does not stop at national borders when the fundamental interests of a resident are at stake. By awarding nearly 300,000 euros in damages, the Spanish justice system recalls that the rule of law must follow the place to which the victim’s life is actually linked.
