Decision ID: 003506

In June 2008 the 1992 Fund Executive Committee noted that in May 2008 the Civil Court in Rochefort-sur-Mer (France) had rendered a judgement in an action brought against the 1992 Fund, the shipowner, the insurer, the Spanish State and the classification society which had surveyed the Prestige (American Bureau of Shipping, ABS) by two oyster farmer associations and an association for the defence of the professionals of the sea claiming compensation for €100 million, later reduced to €10 million, for economic losses and damage to their profession’s image. It was noted that the 1992 Fund had rejected the claims as being not admissible under the 1992 Civil Liability and Fund Conventions. It was also noted that the Fund had in addition argued that the claims were time-barred, since the claimants had failed to bring a legal action against the 1992 Fund within three years of the date when the damage occurred, nor had they notified the Fund of an action against the shipowner within that period. The Committee noted that the Court had agreed with the Fund’s arguments and rejected the claims.