Decision ID: 001570

In May 2004 the 1992 Fund Executive Committee recalled that in a judgement rendered in December 2003 the Commercial Court in Lorient had ordered the shipowner/insurer and the 1992 Fund to pay compensation for loss of rental income in respect of a property in the affected area was let to other businesses (but not directly to tourists). It was recalled that the Fund had rejected the claim on the grounds that it was a second degree (indirect) loss and that the claimant had not proven that he had suffered a loss. The Committee recalled that it had decided that the Fund should pursue an appeal against the judgement. The Committee noted that in May 2004 the Court of Appeal had rejected the claim, although it had ignored the 1992 Fund’s admissibility criteria, which it considered were not binding on national courts. The Court nevertheless held that the claimant had not shown that there was a sufficient link of causation between the incident and the damage, nor had the claimant proved that any damage occurred.