Moroccan Foundry Wins €27,360 Judgment Against French Supplier, but Loses Bid for €167,000 in Damages
A Moroccan foundry has won its case against its French supplier after 24 tonnes of defective raw materials were delivered. But the Nanterre court awarded it just 27,360 euros, rejecting its claim for an additional 167,000 euros in industrial losses.
In December 2023, Fonderies et Aciéries du Maroc (FAM) ordered 24 tonnes of refined ferromanganese from French company MFG France for 27,360 euros. From the first production runs, the Moroccan company noticed porosity defects, known as “blowholes,” in its metal parts. It halted production and had the raw material analyzed.
Two independent laboratories found a nitrogen concentration of around 0.5%, abnormally high for the product ordered. FAM says it produced 28.7 tonnes of defective parts and is seeking 167,258.90 euros for lost production, customer returns and various expenses, in addition to a refund for the order.
The supplier denies responsibility. It argues that the defects could have resulted from other factors, including moisture in the molds, casting temperature or manufacturing conditions.
A defect recognized, but evidence lacking
In its ruling of October 20, 2026, the Nanterre economic activities court found that the ferromanganese supplied had a latent defect. However, the judges considered that FAM had not shown that the excess nitrogen was directly responsible for the industrial losses it claimed.
The Moroccan company said it had conducted comparative tests: the defects disappeared when it used metal from other suppliers and reappeared with metal from MFG France. But it provided neither the test reports nor production data that would allow this explanation to be verified.
Another decisive factor: FAM did not request the court-ordered expert assessment that the court had offered to determine the cause of the defects.
The judges ultimately ordered MFG France to pay the Moroccan foundry 27,360 euros excluding tax. They rejected the claim for an additional 167,258.90 euros in damages and ordered FAM to pay the legal costs. The ruling was issued at first instance.
