Decision ID: 001695

In June 2005 the Executive Committee noted that in May 2005 the Court of Appeal in Rennes had rendered a judgement in respect of a claim by a hotel situated in Carnac. The Committee recalled that the 1992 Fund had paid compensation for losses suffered in 2000 but had rejected the claim for further losses in 2001, since there was no indication that the incident had had any negative impact on tourism beyond November 2000. The Committee also recalled that the Commercial Court in Lorient had appointed an expert to assess whether the claimant had suffered a loss during that period and, if so, whether there was a direct link between the loss and the incident, and that Committee had decided that, in view of the importance of the issue for the proper functioning of the compensation regime based on 1992 Conventions, the Fund should pursue an appeal against the judgement. It was noted that the Court of Appeal had stated that the Fund’s admissibility criteria were not binding on national courts and confirmed the decision of the Commercial Court that the claim was admissible in principle and the appointment of an expert. It was noted, however, that the Court of Appeal, in referring the case back to the Commercial Court in Lorient, had amended the terms of reference of the expert in order to establish whether the loss for the 2001 season resulted from a decrease in visitors, in particular businessmen and foreign guests, due to the contamination caused by the incident or other causes.

Categories: Legal actions, Pure economic loss (tourism)
Subjects: Judgements in respect of claims for pure economic loss, Admissibility criteria