Decision ID: 001627

In March 2005 the 1992 Fund Executive Committee noted that in November 2004 the Commercial Court in Nantes had rendered a judgement in respect of a claim by the owner of a hotel with service apartments on the outskirts of Nantes for losses suffered due to a reduction in the number of hotel guests allegedly due to the incident. It was noted that the Fund had rejected the claim on that the grounds that the apartments were located near a big city 50 km from the nearest beach resort, that they were traditionally let all year round to employees of various businesses located in the Nantes area and that as the rooms were not primarily used by tourists, there was not a sufficient link of causation between the losses claimed and the oil spill. The Committee noted that the Court had upheld the Fund’s rejection of the claim on the grounds that it did not fulfil the Fund’s criteria, in particular as to the distance between the alleged losses and the oil spill.

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