Decision ID: 001944

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 operator of a campsite located in Côtes d’Armor in the northern part of Brittany for losses in 2001. It was recalled that the claimant had been compensated by the 1992 Fund for losses in 2000, but that the Fund had rejected the claim for losses in 2001 on the grounds that, with a few exceptions, there had been no remaining pollution on the beaches of Brittany at the end of the 2000 tourism season and that therefore the alleged losses had not resulted from contamination resulting from the incident. It was further recalled that the Commercial Court in Saint Brieuc had held that the claim was admissible and that the Fund had appealed against the judgement. The Committee noted that the Court of Appeal had rejected the claim and had held that it had not been demonstrated that the incident had had a negative impact on tourism in 2001 and that other factors such as the weather, the reduction in working hours in France and competition from other tourism destinations was the reason why in 2001 certain tourism businesses had not returned to the same level of commercial activity existing prior to the incident.

Category: Legal actions
Subject: Judgements in respect of claims for pure economic loss