Decision ID: 001937

In October 2006 the 1992 Fund Executive Committee noted that in June 2006 the Court of Appeal in Rennes had rendered a judgement in respect of a claim by the owners of a property located directly on the beach in the Department of Loire Atlantique which was damaged by oil. It was recalled that the claim had been assessed by the Fund for an amount that was disputed by the claimants, that the Commercial Court in Saint-Nazaire in its judgement had arrived at an assessment that was close to that made by the Fund’s experts, but that the claimants had appealed against the judgement. The Committee noted that the Court of Appeal, whilst stating that the Fund’s admissibility criteria were not binding on national courts but could be used as a source of inspiration, had held that the claimant had agreed with the Fund on an interim compensation payment and had signed an interim receipt and release agreement and that this agreement, under French law, was a settlement between the parties. It was further noted that the Court of Appeal had rejected the items which were not covered by the receipt and release.

Category: Property damage
Subject: Admissibility criteria