Decision ID: 001680

In June 2005 the 1992 Fund Executive Committee noted that in March 2005 the Commercial Court in Rennes had rendered a judgement in respect of a claim by a fisherman who had already received two provisional payments from the 1992 Fund and had signed full and final receipts and releases for the amounts paid. It was noted that before the final payment was made the claimant had brought proceedings against the Fund arguing that the agreement reached with the Fund was not valid, claiming additional compensation. It was also noted that a claimants’ association had joined the proceedings supporting this claimant and whilst not making a specific claim for pollution damage had claimed against the Fund a symbolic €1. The Committee noted that the Court had rejected the claim by the individual claimant and had held that by signing a full and final receipt and release agreement he had entered into a valid settlement agreement according to French law and that the claimant was not entitled to further compensation other than the balance of the settlement amount. It was noted that the Court had held that since the claimants’ association had not suffered any damage falling within the scope of the 1992 Conventions its claim was inadmissible. It was also noted that the Court had held that the actions of the claimant and the association were excessive and had ordered them to pay a symbolic amount of €1 to each of the shipowner, the insurer and the 1992 Fund. It was noted that the claimant and the association had indicated their intention to appeal against the judgement.

Category: Legal actions
Subject: Judgements in respect of claims for pure economic loss