Decision ID: 003259

In June 1993 the 1971 Fund Executive Committee, in considering the approach to be taken in respect of the claims arising out of the Haven, Aegean Sea and Braer incidents, noted that the 1971 Fund Assembly had expressed the opinion that a uniform interpretation of the definition of “pollution damage” was essential for the functioning of the regime of compensation established by the Civil Liability Convention and the Fund Convention. In the view of the Committee it was also very important that decisions taken by the Committee in respect of incidents in various Member States were consistent, recognising, however, that the jurisprudence of national courts as regards the admissibility of claims might differ from one Member State to another and that if out-of-court settlements were not reached in respect of particular claims the matter would have to be decided by national courts. The Committee stated that, when examining the claims arising out of the Haven, Aegean Sea and Braer incidents, it would take into account its own decisions in previous cases in respect of the admissibility of claims and the interpretation of the definition of “pollution damage”. In the context of the general discussion concerning claims that had arisen in the context of the Haven, Aegean Sea and Braer incidents the 1971 Fund Executive Committee emphasised that compensation could be paid to a claimant only if and to the extent that his loss or damage could be considered as caused by contamination. The Committee stated that in order to qualify for compensation the first requirement was that there must be a link of causation between the damage or loss covered by the claim and the contamination caused by the oil spill in question. The Committee reiterated the position taken by the Assembly that a claimant was entitled to compensation only if he had suffered a quantifiable economic loss. . The Committee also underlined that when the quantum of the alleged losses was assessed in respect of a particular claim, it had to be examined whether and to what extent the loss resulted from the oil pollution incident or was due to other factors.

Date: 31.05.1993
Category: Application of the Conventions
Subject: Uniform application of the Conventions