Decision ID: 003497

In March 2008 the 1992 Fund Executive Committee noted that the Commercial Court in Lorient had in December 2007 rendered a judgement in respect of a claim by the owner of rental property for economic losses suffered in 2000 and 2001. The Committee noted that Fund had assessed the losses suffered in 2000 at an amount lower than that claimed but had rejected the claim for losses in 2001, since the Fund had considered that there was not a sufficiently close link of causation between the loss and the contamination caused by the Erika incident. It was also noted that the Court had agreed with the Fund’s assessment as regards the losses in 2000. It was further noted that as regards the claim for losses in 2001 the Court had stated that the fact that there was no pollution in the area where the claimant’s business operated in 2001, which in the Court’s opinion had not been proved, was not relevant if it was proved that the claimant had suffered losses as a direct consequence of the incident. The Committee noted that the Court had concluded, however, that the claimant had not proved that he had suffered losses in 2001 as a consequence of the Erika incident and had therefore rejected the claim.

Date: 01.03.2008
Categories: Legal actions, Pure economic loss (tourism)
Subjects: Judgements in respect of claims for pure economic loss, Assessment of quantum, Link of causation between the loss and the contamination, Losses suffered by hotels, campsites, shops, restaurants and other tourism businesses due to a downturn in visitors