Decision ID: 001370

In July 2002 the 1992 Fund Executive Committee considered the admissibility of a claim for £6.8 million by BAI Brittany Ferries SA (Brittany Ferries), a French company providing ferry services between England and France (Brittany and Normandy), between England and Spain (Santander) and between Ireland and France (Brittany). The Committee noted that Brittany Ferries had pointed out that the pollution of the coast of Brittany, Pays de la Loire and to a lesser extent Poitou-Charente, and the considerable time required to clean up the affected beaches, had caused many British holiday makers to choose holiday destinations not served by the company, which had led to a reduction in passenger numbers, ferry ticket revenue and on board sales. The Committee decided that, since there was a link of causation as regards various items of the claim between the alleged loss and the contamination, the claim was admissible in principle. The Committee authorised the Director to assess the admissible quantum of the claim, taking into account in particular whether the reduction in passenger numbers fell within the normal fluctuations. The Director was instructed to take into consideration all factors, including those raised during the discussion, which could have contributed to the losses.

Date: 30.06.2002
Category: Pure economic loss (tourism)
Subject: Admissibility criteria