Decision ID: 001816
In March 2006 the 1992 Fund Executive Committee noted that earlier that month the Commercial Court in Lorient had rendered a judgement in respect of a claim by the owner of a hotel in Carnac for losses allegedly suffered in 2000 and 2001 as a result of the incident. It was noted that the Fund had approved compensation for losses in 2000, but had rejected the claim for losses in 2001 on the grounds that there had not been a sufficient link of causation between the alleged loss and the pollution arising from the incident. The Committee noted that the Court had held that it was not bound by the Fund’s admissibility criteria and that it was for the Court to interpret the concept of ‘pollution damage’. It was noted that the Court had ordered the Fund to pay the amount of compensation assessed and approved by the Fund and had appointed a court expert to establish whether there had been a reduction in turnover in 2000 and 2001 compared with previous years and to determine whether there was a sufficient link of causation between the claimed losses and the incident.