Decision ID: 002068
In June 2007 the 1992 Fund Executive Committee noted that in April 2007 the Commercial Court in Quimper had rendered a judgement in respect of a claim by the owner of a camping site for losses in 2000 and 2001 allegedly as a result of the incident. It was noted that the Fund had assessed and approved the losses in 2000, but had rejected the losses in 2001, since there had not been a sufficient link of causation between the alleged loss and the contamination. It was noted that the claimant had brought legal action claiming additional losses in 2000 as well losses in 2001. The Committee noted that the Court had had stated that, although it was clear that the incident had had an effect on businesses in the tourism sector in 2001, that effect had been diluted amongst a combination of other causes from which it was impossible to distinguish the relative weights in the downturn experienced in 2001. It was noted that the Court had agreed with the Fund’s assessment of the losses in 2000 and had rejected the claim for losses in 2001 since the claimant had not shown that there had been a link of causation between the pollution and the alleged loss in that year.