Decision ID: 001494

In October 2003 the 1992 Fund Executive Committee recalled that a criminal investigation into the cause of the incident was being carried out by an examining magistrate in Paris and that charges had been brought against, inter alia, the deputy manager of Centre Régional Opérationnel de Surveillance et de Sauvetage (CROSS) and three officers of the French Navy who were responsible for controlling the traffic off the coast of Brittany. It was noted that if these defendants were found guilty there might be grounds for the 1992 Fund to take recourse action against the French State, although it was not possible for the Fund to decide whether there were grounds for such an action until the investigation into the cause of the incident had been completed. The Executive Committee instructed the Director to take the necessary steps to prevent a possible future claim by the 1992 Fund against the French State from becoming time-barred.

Date: 30.09.2003
Categories: Legal actions, Time bar provisions
Subjects: Criminal proceedings, Interpretation/application of the time-bar provisions in Article VIII of the 1969 and 1992 Civil Liability Conventions and Article 6 of the 1971 and 1992 Fund Conventions