Decision ID: 003527

In October 2008 the 1992 Fund Executive Committee noted that in July 2008 the Court of Appeal in Rennes had rendered a judgement in respect of a claim by a tour operator in the United Kingdom specialising in selling holidays in various countries for losses suffered in 2000 and 2001 as a result of the incident. The Executive Committee recalled that the 1992 Fund had assessed and paid compensation for losses in 2000, but had rejected the claim for losses in 2001 since it had considered that the claimant had not established a link of causation between the alleged damage and the pollution resulting from the incident. It was noted that in a judgement rendered in February 2007 the Commercial Court in Lorient, having stated that the Fund’s admissibility criteria were nor binding on national courts, had held that the claimant had not established that there was a link of causation between the alleged loss and the incident, and that for this reason the Court had rejected the claim. The Committee noted that in its judgement the Court of Appeal had considered the 1992 Fund’s admissibility criteria and had rejected the claim for lack of proof of a link of causation between the loss and the Erika incident.