Decision ID: 002123

In October 2007 the 1992 Fund Executive Committee noted that in September 2007 the Commercial Court in Lorient had rendered a judgement in respect of a claim by a manufacturer of high pressure cleaning equipment for oyster producers for losses suffered in 2000 as a result of the incident, which the Fund had assessed and approved for a lesser amount than claimed, which the claimant had not accepted. It was noted that the Court, having stated that it was not bound by the Fund’s claims admissibility criteria, had taken into account that the claimant had experienced financial difficulties prior to the Erika incident and had failed to establish that there was a link of causation between the loss and the incident. It was also noted that the Court had held that the claimant had not established that the losses were greater than those assessed by the Fund.

Date: 01.03.2008
Category: Pure economic loss (fisheries and mariculture)
Subject: Assessment of quantum