Decision ID: 001743

In October 2005 the 1992 Fund Executive Committee noted that in June 2005 the Commercial Court in Rennes had rendered a judgement in respect of a claim for loss of income in 2000 and 2001of two commercial activities, namely letting furnished property to tourists and running a crêperie. It was noted that the Fund had assessed the claim for the year 2000 for a lower amount than claimed, and had rejected the claim for 2001 on the grounds that the incident had not had any negative impact on tourism in the area in that year and that there was therefore no link of causation between the loss allegedly suffered in 2001 and the incident. The Committee noted that the Court had agreed with the Fund’s assessment of the losses for 2000, but had considered that although the claimed amount for 2001 appeared exaggerated, it was not unrealistic to believe that the psychological effect of the pollution caused by the Erika incident could have influenced the 2001 tourist season. It was noted, however, that the Court did not have sufficient information to be able to assess the quantum of the losses for 2001 and had requested the Fund’s experts to assess the claim for that year as regards both commercial activities.

Category: Pure economic loss (tourism)
Subject: Assessment of quantum