Decision ID: 001784

In October 2005 the 1992 Fund Executive Committee noted that in September 2005 the Commercial Court in La Roche sur Yon had rendered judgements in respect of four claims by estate agents in Vendèe for losses suffered in their activity of seasonal lettings of furnished apartments and villas in the year 2000, three of which had been assessed by the Fund for lower amounts than claimed, and one of which had been rejected, since in the Fund’s opinion, the claimant had not proven any losses. It was noted that the Court had held that the assessment of the loss could not be calculated on the basis of the number of property owners’ requests for lettings received by the agent, but that account should also be taken of the number of weeks that the apartments or houses were let. It was noted that the Court had awarded the full claimed amounts to three of the four claimants, and in the case of the claimant whose claim had been rejected by the Fund, the Court had awarded an amount considerably less than claimed. The Committee, noting that the issue in all four cases was one of quantum and not the Fund’s admissibility criteria, endorsed the Director’s intention to instruct the Fund’s experts to examine the judgements and advise him as to whether the amounts awarded by the Court, or some of them, were not unreasonable, in order to enable him to decide whether or not the Fund should lodge appeals.

Date: 30.09.2005
Category: Pure economic loss (tourism)
Subject: Losses suffered by non-tourism businesses and activities