Decision ID: 001873

In May 2006 the 1992 Fund Executive Committee noted that in March 2006 the Commercial Court in Lorient had rendered a judgement in respect of a claim by an oyster grower for loss of income and the loss of an order as a result of the incident. It was noted that the Fund had assessed and approved the claim for loss of income but had rejected the claim for the lost order, and since the claimant had already received a payment under the French Government’s supplementary payment scheme, the Fund had offered him the balance, which he had not accepted. 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 even if there had been a loss of an order, the claimant had not shown that he had suffered any financial loss as a consequence. It was further noted that the Court had agreed with the Fund’s assessment of the admissible part of the claim and had ordered the Fund to pay the claimant the offered amount plus legal interest calculated from the date of the judgement.

Category: Pure economic loss (fisheries and mariculture)
Subjects: Admissibility criteria, Loss of income due to loss of confidence of buyers/consumers of marine products