Decision ID: 003498

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 an estate agent for loss of income related to rental property 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. 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 however rejected the claim for 2001, since it had considered that the claimant had not suffered any losses as a result of the incident.

Date: 01.03.2008
Categories: Pure economic loss (tourism), Legal actions
Subjects: Link of causation between the loss and the contamination, Judgements in respect of claims for pure economic loss, Losses suffered by non-tourism businesses and activities, Assessment of quantum, Investigations into the cause of incidents