Decision ID: 001672

In March 2005 the 1992 Fund Executive Committee noted that earlier that month the Civil Court in Sables d’Olonne had rendered a judgement in respect of a claim by the owner of a bar for losses allegedly suffered in connection with the selling of his business, which according to the claimant, had lost value as a result of the incident. It was noted that the Fund had already compensated the claimant for the part of his claim relating to loss of income and additional financial expenditure, but had rejected the part of the claim for diminution in value of the business on the grounds that there was not a sufficient link of causation between the reduction in the sales price and the incident. The Committee noted that the Court had held that the claimant’s loss of income and additional financial expenditure had been compensated in full by the 1992 Fund and that therefore the claimant had been put in the same economic position as he would have been in if the incident had not occurred. It was noted that the Court had rejected the claim on the grounds that there was no link of causation between the pollution caused by the incident and the decision taken by the claimant to sell his business.