Decision ID: 003492

In March 2008 the 1992 Fund Executive Committee noted that in October 2007 the Civil Court in Paris had rendered a judgement in respect of a claim by the owners of a company selling boats, which had been liquidated in 2004, for the loss of the capital they had invested in the company. It was noted that the 1992 Fund had rejected the claim since it had considered that the owner had not established a link of causation between the liquidation of the company and the contamination caused by the incident. The Committee noted that the Court had stated that the Fund’s criteria for admissibility of claims followed good sense and observed that prior to the incident the financial situation of the company was not strong enough for it to survive in a competitive market. The Committee further noted that the Court had held that the claimant had not provided evidence of the alleged loss nor of a link of causation between the alleged loss and the contamination and that for these reasons the Court had rejected the claim. It was noted that the claimants had not appealed against the judgement.

Date: 01.03.2008
Categories: Legal actions, Pure economic loss (general), Pure economic loss (tourism)
Subjects: Judgements in respect of claims for pure economic loss, Link of causation between loss and contamination, Loss of sales of durable goods