Decision ID: 001655

In March 2005 the 1992 Fund Executive Committee noted that in November 2004 the Commercial Court in Vannes had rendered a judgement in respect of claims for losses suffered in 2000, 2001 and 2002 by the owner of a property located 1 km from the beach in the Department of Morbihan, as a result of a reduction in income from letting the property to tourists. It was noted that the Fund had approved the claim relating to losses in 2000, but the assessed amount, which was lower than the claimed amount, was not accepted by the claimant. It was further noted that the Fund had rejected the claims for 2001 and 2002 on the grounds that any reduction in income from letting the property during these years was not due to the Erika incident. The Committee noted that the Court had agreed with the Fund’s assessment of the losses in 2000 and, referring to the Fund’s criteria, had stated that the claimant had not demonstrated a sufficient link of causation between the contamination and the alleged losses in the other years and rejected the claims for these losses.

Category: Pure economic loss (tourism)
Subject: Assessment of quantum