Decision ID: 003499

In March 2008 the 1992 Fund Executive Committee noted that in December 2007 the Commercial Court in Lorient had rendered a judgement in respect of claims submitted by two mussel processors for economic losses in 2001. The Committee noted that the claims by the mussel processors for 2000 had been settled by the 1992 Fund but that the Fund had rejected the claims for losses in 2001. It was also noted that the Court had stated that the fact that there was no pollution in the area where the claimants’ 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 claims, since it had considered that the claimants had not suffered any losses in 2001 as a result of the incident. It was noted that both claimants had appealed against the judgement.

Date: 01.03.2008
Categories: Legal actions, Pure economic loss (fisheries and mariculture)
Subjects: Judgements in respect of claims for pure economic loss, Link of causation between the loss and the contamination, Loss of income from fish sales and fish processing due to lack of supply as a result of contamination