Decision ID: 001771

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 hotel owner in Finistère for alleged losses in 2000 and 2001 and for moral damages. It was noted that the Fund had accepted losses for 2000, but had rejected the claim for losses in 2001 (on the grounds that there was not a sufficient link of causation between the alleged losses and the contamination) and the claim for moral damages (on the grounds that such damage did not fall within the definition of ‘pollution damage’). The Committee noted that the Court had stated that it was not bound by the Fund’s admissibility criteria, which were internal to the Fund, and that it was for the Court to interpret the concept of ‘pollution damage’ in the 1992 Conventions and to apply it by determining whether there was a sufficient link of causation between the event that lead to the damage and the damage, as regards both material and moral damages. It was noted, however, that the Court had held that the facts had not been established and had appointed an expert to assess whether the claimant had suffered losses in the period covered by the claim compared to previous years and, if so, whether the losses were due to the pollution resulting from the incident.

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