Decision ID: 001870

In May 2006 the 1992 Fund Executive Committee noted that in February 2006 the Commercial Court in Lorient had rendered a judgement in respect of a claim by a wholesaler of beach toys and camping equipment for losses allegedly due to the incident, which had been rejected by the Fund on the grounds that as a second degree tourism claim there had not been a sufficient link of causation between the alleged loss and the contamination. It was noted that the Court, having stated that it was not bound by the Fund’s admissibility criteria, nevertheless rejected the claim on the grounds that the claimant had not shown that he had suffered a loss that could with certainty be linked to the incident since he sold his products over a much wider area than that affected by the pollution.

Category: Pure economic loss (tourism)
Subjects: Admissibility criteria, Link of causation between the loss and the contamination