Decision ID: 001701

In February 2004 the 1992 Fund Executive Committee noted that in December 2003 the Commercial Court in Lorient had rendered a judgement in respect of a claim by an oyster grower in Morbihan. It was noted that the 1992 Fund had compensated the claimant for losses due to a reduction in sales up to 30 September 2000 but had rejected the claim for further losses for the period 1 October to 31 December 2000 on the grounds that there was no reduction in sales in the shellfish sector after 30 September 2000 in the area in which the claimant was located. It was noted that the Court had stated that it was not bound by the Fund’s admissibility criteria and that under French law a claim was admissible if the loss was direct and certain, provided there was a sufficient link of causation between the event and the damage. The Committee noted that the Court 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. The Executive Committee 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.

Date: 01.02.2004
Category: Pure economic loss (tourism)
Subject: Admissibility criteria