Decision ID: 001754

In October 2005 the 1992 Fund Executive Committee noted that the Commercial Court in Rennes had recently rendered a judgement in respect of a claim for loss of income by a student who, contrary to what had been the case in 1998 and 1999, had not been employed in the summer of 2000 at a camping site in Névez, Department of Finistère, as a kitchen assistant. It was noted that in line with the Fund’s policy, the claim had been rejected by the Fund on the grounds that there was not a sufficient link of causation between the alleged loss and the pollution. It was noted that the Court had considered that the camping site was located in the contaminated area, that its activities were greatly affected by the spill, that the student’s employment at the camping site was highly integrated with the economy of the affected area and that he was very dependant on this employment since he could not have found alternative, similar employment. It was noted that the Court had therefore accepted the claim and had also decided that the judgement was immediately enforceable whether or not an appeal was lodged. The Executive Committee considered whether the 1992 Fund should appeal against the judgement or whether it should change its policy with regard to claims by persons who as a result of an oil pollution incident were laid off work or had not been given expected employment. The Committee decided that the Fund’s policy regarding such claims should not be changed, that the Fund should continue to reject such claims and decided that the Fund should appeal against the judgement.

Date: 30.09.2005
Category: Pure economic loss (general)
Subject: Admissibility Criteria