Decision ID: 001905

In May 2006 the 1992 Fund Executive Committee noted that in April 2006 the Commercial Court in La Roche-sur-Yon had rendered a judgement in respect of a claim by a company managing a camping site for losses allegedly incurred in 2000 due to the pollution, which had been assessed and approved by the Fund for a lower amount than claimed. It was noted that the Court had stated that the Fund’s admissibility criteria could not be considered as agreements between parties in the sense of Article 31.3 of the Vienna Convention on the Law of Treaties and that the Fund’s Resolution calling on courts in States Parties to the 1992 Conventions to take into account the decisions of the Fund’s governing bodies did not have a binding effect, but corresponded to an expression of wish. It was noted, however, that the Court had agreed with the Fund’s assessment and had rejected the claim for further compensation.