Decision ID: 001893

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 clothes retailer with shops in Vannes and Quiberon for loss of income in 2000, 2001 and 2002 allegedly due to the incident. It was noted that the Fund had assessed and approved the claim in respect of losses in 2000 for a lesser amount than claimed and had rejected the claims for losses in 2001 and 2002 on the grounds that there had not been a sufficient link of causation between those losses and the contamination. It was noted that the Court had stated that it was not bound by the Fund’s admissibility criteria and that even if the oil pollution had been removed in the south of Brittany after the summer of 2000, which had not been proven, this would not exonerate the Fund if it was proved that the claimant had suffered a loss directly caused by the pollution that had taken place in 1999. The Committee noted, however, that the Court had rejected the claim on the grounds that the claimant had not proved that he had suffered any loss as a result of the incident other than the loss already compensated by the Fund.

Category: Pure economic loss (tourism)
Subject: Losses suffered by hotels, campsites, shops, restaurants and other tourism businesses due to a downturn in visitors