Decision ID: 001925

In October 2006 the 1992 Fund Executive Committee noted that in May 2006 the Commercial Court in Lorient had rendered a judgement in respect of a claim by an estate agent for losses suffered in 2000 in the letting and selling of property to tourists allegedly due to a reduction in the number of tourists visiting the area as a result of the incident. It was noted that the Fund had compensated the claimant for its letting activity but had rejected the claim for selling property on the grounds that there was no link of causation between the alleged loss and the contamination resulting from the incident. The Committee noted that the Court had stated that it was not bound by the Fund’s admissibility criteria and that it was for the Court to interpret the concept of ‘pollution damage’ in the 1992 Conventions, but had nevertheless held that the claimant had not provided any evidence to justify the payment of additional compensation from the Fund.

Category: Pure economic loss (tourism)
Subjects: Admissibility criteria, Link of causation between the loss and the contamination