Decision ID: 001955

In October 2006 the 1992 Fund Executive Committee noted that earlier that month the Commercial Court in Saint-Nazaire had rendered a judgement in respect of a claim by an estate agent for losses suffered in his three commercial activities, namely sales and annual and seasonal letting of properties. It was noted that the Fund had rejected the claim for losses in sales and annual letting since these were not dependant on the number of tourists visiting the affected area, but had accepted that losses in respect of seasonal letting were admissible in principle and, in order to assess the losses, the claimant was asked to provide a breakdown for each of the activities, which he refused to do. It was noted that the Court had held that as regards sales and annual letting there was not a sufficient link of causation between the loss and the contamination, and also held that by not providing the required accounting information the claimant had failed to establish that his commercial activity was closely dependant on seasonal visitors and the claim was therefore rejected by the Court.