Decision ID: 001766

In October 2005 the 1992 Fund Executive Committee noted that in September 2005 the Commercial Court in Lorient had rendered a judgement in respect of a claim by a sculptor in Morbihan for losses allegedly suffered in 2000 as a result of a decline in the sales of his works of art due to a reduction in tourism caused by the incident. It was noted that the 1992 Fund had assessed the claim for less than the claimed amount and that the claimant had subsequently presented in court a claim for an even greater amount in respect of losses in 2000 as well as an additional amount for losses in 2001. It was noted that in the court proceedings the Fund had maintained its assessment for the losses in 2000 and had rejected the losses for 2001 on the grounds that there was not a sufficient link of causation between the alleged loss and the contamination. The Committee noted that the Court had made the point that even if there had been no traces of oil remaining on the beaches in south Brittany by the end of the summer 2000, this would not have been sufficient to exonerate the Fund if it was proven that the claimant had suffered a loss directly as a result of the incident. It was noted, however, that the Court had held that the claimant had not proved the existence of any loss in 2001 and that the sale of works of art was not necessarily proportional to the tourist activities on the beaches and for these reasons the Court had decided to reject the claim.

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