Decision ID: 001581

In October 2004 the 1992 Fund Executive Committee noted that in September 2004 the Commercial Court in Saint Brieuc had rendered a judgement in respect of a claim by the operator of a campsite located in Côtes d’Armor in the northern part of Brittany for losses in 2001. The Committee noted that the claimant had been compensated by the 1992 Fund for losses in 2000, but that the Fund had rejected the claim for losses in 2001 on the grounds that, with a few exceptions, there had been no remaining pollution on the beaches of Brittany at the end of the 2000 tourism season and that therefore the alleged losses had not resulted from contamination resulting from the incident. The Committee noted that the Court had nevertheless held that the claim was admissible, since it considered that the reduction in turnover in 2001 compared to 1999 had been caused by the incident, and had ordered the Fund and the shipowner’s insurer to pay compensation. It was noted that the 1992 Fund intended to appeal against the judgement.

Date: 30.09.2004
Category: Pure economic loss (tourism)
Subjects: Admissibility criteria, Link of causation between the loss and the contamination