Decision ID: 003520

In June 2008 the 1992 Fund Executive Committee noted that in May 2008 the Commercial Court in Saint-Brieux had rendered a judgement in respect of claims by the operator of two estate agencies for losses allegedly suffered in 2000, 2001 and 2002 as a result of the Erika incident. It was noted that the 1992 Fund had assessed the losses for 2000 but had rejected the claims for losses in 2001 and 2002, since in the Fund’s view the claimant had not proved to have suffered any losses as a result of the incident in those years. It was also noted that the Court, after having made a reference to a statement made by the Court of Appeal in Rennes in a previous judgement to the effect that the 1992 Civil Liability and Fund Conventions, having been approved by France, had priority over French national law but that it was for the French courts to interpret the notion of pollution damage contained in these Convention, had agreed with the Fund’s assessment of the losses in 2000 and had rejected the claims as regards the losses in 2001 and 2002, since the claimant had not proved to have suffered a loss as a result of the incident in those years.

Date: 31.05.2008
Categories: Pure economic loss (tourism), Legal actions
Subjects: Assessment of quantum, Judgements in respect of claims for pure economic loss, Losses suffered by non-tourism businesses and activities