Decision ID: 001901

In May 2006 the 1992 Fund Executive Committee noted that in March 2006 the Commercial Court in Quimper had rendered a judgement in respect of a claim by a company producing and selling cider, both as a wholesaler and a retailer, for losses in 2000 allegedly due to the pollution arising from the incident. It was noted that the Fund had assessed and approved the losses of the claimant’s retail business but had rejected the claim for losses in the wholesale business since such second degree claims did not meet the Fund’s admissibility criteria. It was noted that the Court had stated that it was not bound by the Fund’s criteria but had held that the claimant had not presented any evidence concerning the regional distribution of the sales and it had not been established that the wholesale business took place in the area affected by the pollution. It was noted that the Court had therefore rejected the claim on the grounds that the claimant had not proved that there had been a link of causation between the alleged losses and the contamination resulting from the incident.

Category: Pure economic loss (tourism)
Subject: Second degree (indirect loss) claims