Decision ID: 001965

In October 2006 the 1992 Fund Executive Committee noted that in September 2006 the Commercial Court in Lorient had rendered a judgement in respect of a claim by a company letting sixteen properties to tourists for loss of revenue, which had been assessed for a lower amount than claimed, which the claimant did not accept, although an interim payment was made to the claimant. It was noted that the Court had 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 rejected the claim on the grounds that the claimant had not proved that it had suffered a financial loss in excess of that assessed by the Fund.

Category: Pure economic loss (tourism)
Subject: Assessment of quantum