Decision ID: 001882

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 a food and drinks wholesaler 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, since the claimant’s turnover in 2000 had increased by 11.51% and it had to be established that the turnover could have been higher had the incident not occurred.

Category: Pure economic loss (tourism)
Subject: Link of causation between the loss and the contamination