Decision ID: 001666

In March 2005 the 1992 Fund Executive Committee noted that in February 2005 the Commercial Court in Brest had rendered a judgement in respect of a claim for alleged loss of income by an oyster grower in North Finistère, which had been rejected by the Fund on the grounds that there was not a reasonable degree of proximity between the contamination and the alleged loss and that in any event, no loss had been proven. It was noted that the Court, acknowledging that in accordance with the French Constitution the 1992 Conventions took precedence over French laws, stated that the claimant had deliberately overstated his loss, that the business activity was located far from the area affected by the incident and that the claimant was not economically dependent on the affected resource. It was noted that the Court had held that the claim did not fulfil any of the criteria for the admissibility of claims for pure economic loss established by the 1992 Fund and had rejected the claim.

Category: Pure economic loss (fisheries and mariculture)
Subject: Loss of income from mariculture due to business interruption as a result of oil pollution