Decision ID: 002037

In June 2007 the 1992 Fund Executive Committee noted that in April 2007 the Commercial Court in Lorient had rendered a judgement in respect of a claim by the owner of two toy shops in Lorient and Vannes for loss of income as a result of the incident and additional costs related to the production of a sales catalogue and the relocation of one of the shops. It was noted that the Fund had assessed the loss of income but had rejected the additional costs since, in the Fund’s view, the production of sales catalogues and the relocation of business premises were normal commercial practices and, that therefore, there was not a sufficient link of causation between the claimed costs and the incident. The Committee noted that the Court, having stated that it was not bound by the Fund’s admissibility criteria, had accepted the Fund’s views on the absence of link of causation and had held that the claimant had not provided evidence demonstrating that the losses had exceeded the loss of income assessed by the Fund.