Decision ID: 002109

In October 2007 the 1992 Fund Executive Committee noted that in June 2007 the Civil Court in Sables d’Olonne had rendered a judgement in respect of claims by three salt producers in Noirmoutier for lost salt production in the 2000 and 2001 seasons caused by the imposition of bans on the abstraction of seawater following the incident. It was noted that the Fund had considered that salt production had been possible in 2000, but that the maximum yield would have been 30% of that expected for the season, and that the 2001 season had not been affected by the incident. It was noted that eighty producers had accepted the Fund’s assessment of their losses, but three had taken legal action. The Committee noted that the Court had rejected the claims. It was also noted that as regards the claims for the 2000 season the Court had stated that the three producers had settled their claims by signing full and final settlement agreements, which were binding between the parties. It was further noted that as regards the alleged losses in 2001, the Court had held that the claimants had not produced any evidence in support of their allegations that they had not adequately maintained their salt ponds in 2000 and that a report from an expert had shown that the exceptional rainfall in 2001 had affected the salinity of the ponds.

Date: 30.09.2007
Category: Pure economic loss (fisheries and mariculture)
Subject: Link of causation between the loss and the contamination