Decision ID: 000513

In October 1995 the 1971 Fund Executive Committee considered a claim by an operator of a depuration plant for losses allegedly incurred as a result of the death of shelfish that had been delivered after the plant had been closed by the Spanish authorities due to the pollution. It was noted that the contracts to supply the shellfish had allegedly been agreed before the incident, that the suppliers had refused to cancel them and that the claimant had not been able to sell the fish elsewhere. The Committee decided that the claim was admissible in principle but instructed the Director to ensure that binding contracts had been concluded before the date of the incident and that the claimant had taken all reasonable measures to mitigate his losses, including attempts to cancel the contracts.

Date: 30.09.1995
Category: Pure economic loss (fisheries and mariculture)
Subject: Loss of income from fish processing due to business interruption as a result of oil pollution