فاس نيوز ميديا جريدة الكترونية جهوية تعنى بشؤون و أخبار جهة فاس مكناس – متجددة على مدار الساعة
A recent incident occurred in a café in Agadir, where a waiter refused to serve a customer a cup of coffee. The customer responded by contacting a judicial officer to file a report of refusal. The officer visited the location, witnessed the waiter’s refusal to provide the service, and officially documented the incident.
This case raises a legal question about the purpose of such a report, which falls under two main objectives clearly defined by Moroccan law.
First, Article 57 of the Consumer Protection Law prohibits refusing to sell a product or provide a service to a consumer without an acceptable reason. Based on this, the customer has the right to file a compensation claim against the café for violating this legal provision.
Second, the waiter’s refusal to serve the drink to one customer while serving others may constitute the crime of discrimination as defined by the Penal Code. Article 2-431 penalizes discriminatory acts, including refusing to provide a benefit or service, with penalties ranging from imprisonment to fines. Article 431-3 also imposes fines ranging from 1,200 to 50,000 dirhams on legal persons committing discrimination.
The Court of Cassation upheld this principle in a 2020 ruling, stating that denying a person access to public transport or shops because they are a stranger to the locality constitutes an act of discrimination punishable by law.
Therefore, the customer can pursue civil litigation to seek compensation or file a complaint with the public prosecutor to prosecute the issue of discrimination, based on clear legal grounds aimed at protecting consumer and citizen rights.
By: Abdelrahman Al-Baqouri
