Decision ID: 003515

In June 2008 the 1992 Fund Executive Committee noted that in April 2008 the Commercial Court in Lorient had rendered a judgement in respect of a claim by an estate agent for economic losses which had been rejected by the 1992 Fund on the grounds that the claimant had not proved to have suffered losses as a result of the contamination caused by the Erika incident. It was noted that the Court had stated that it was not bound by the 1992 Fund’s criteria for admissibilty and that it was for the Court to interpret the concept of ‘pollution damage’ and to apply it to the individual claim by determining whether there was a sufficiently close link of causation between the events that lead to the damage (‘le fait générateur’) and the losses suffered. The Committee noted that the Court had however rejected the claim on the grounds that the claimant had not proved to have suffered losses.