Decision ID: 001681

In June 2005 the 1992 Fund Executive Committee noted that in February 2005 the Civil Court in Paris had rendered a judgement in respect of a claim by an oyster grower in Loire Atlantique relating to a reduction in sales during the period October 2000 to April 2001 and the subsequent termination of his business as a result of the incident. It was noted that the claimant had been compensated by the Fund for the period January 2000 to September 2000 and that the Fund had rejected the additional claim on the grounds that there was no link of causation between the incident and the alleged losses, since it related to a period when there were no administrative harvesting bans on mariculture in the area. The Committee noted that the Court had rejected the claim and had held that the claimant could not prove that the reduction in sales after September 2000 and the subsequent termination of his oyster growing business were due to the incident, since the evidence submitted showed that he had decided to change his profession when the oyster market had, from October 2001, achieved a level of sales similar to that prior to the incident.

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