Decision ID: 002097

In October 2007 the 1992 Fund Executive Committee recalled that in May 2007 the Civil Court in Saint Nazaire had rendered a judgement in respect of claims by salt producers in Guérande for losses due to lack of salt production in 2000, as well as for losses caused by the late start of the 2001 season and for costs of restoration of salt ponds in 2001. It was recalled that the Court had held that the decision not to produce salt in 2000 had been a reasonable measure to prevent or minimise pollution damage and had accepted that the loss of salt production in 2001 was also a consequence of the incident, but had decided to reduce the compensation for losses in 2001 by 50% to take into account the impact that the exceptional rainfall in that year had had on the salinity of the ponds. It was also recalled that the Court had accepted the costs incurred in restoring the salt ponds in 2001, but that it had decided to reduce the compensation amount by 50% due to the exceptional rainfall in 2001. The Committee noted that the Director had, together with the Fund’s experts, examined the judgement in order to decide whether the Fund should appeal. It was noted that the Director had considered that there was no question of principle involved, that the Court had arrived at a balanced judgement, and that since the salt producers had indicated that they would not appeal against the judgement provided the Fund took the same decision, he had agreed, in the best interest of the Fund, with the salt producers that the parties would not appeal against the judgement.

Date: 30.09.2007
Categories: Preventive measures, Pure economic loss (fisheries and mariculture)
Subjects: Admissibility criteria, Losses by salt producers