Decision ID: 002021

In March 2007 the 1992 Fund Executive Committee noted that in February 2007 the Court of Appeal in Rennes had rendered a judgement in respect of a claim by the owner of a bar in Carnac for losses allegedly suffered in 2000, but who had brought an action before the Court on 8 September 2003, as a result of which, the Fund had argued that as regards losses before 8 September 2000 the claim was time-barred under Article 6 of the 1992 Fund Convention, and that the rest of the claim should be rejected on the grounds that the claimant had not proved that there had been a sufficient link of causation between the alleged losses and the pollution. It was recalled that in December 2005 the Court of first instance had rejected the claim on the grounds that the claimant had not proved that he had suffered any loss. The Committee noted that the claimant had appealed against the judgement and that the Court of Appeal, after stating that the Funds’ admissibility criteria were not binding on national courts, had decided that the claimant’s right to receive compensation for losses suffered before 8 September 2000 was time-barred and had rejected the rest of the claim since the claimant had not proved that he had suffered a loss nor that there had been a link of causation with the incident.

Date: 01.03.2007
Category: Pure economic loss (tourism)
Subject: Admissibility criteria