Decision ID: 003654

In October 2009 the 1992 Fund Executive Committee noted a judgement rendered in May 2009 by the Court of first instance in Saint Nazaire (France) in respect of a claim by two owners of five fishing vessels for loss of income allegedly suffered through the reduction in the anchovy population as a result of the Prestige incident and for €81 000 for replacement of a fishing net damaged by oil. It was noted that the 1992 Fund had assessed the damage to the net at €3 000 and had rejected the claim for loss of income since no sufficient link of causation had been estblished between the alleged loss and the contamination. It was noted that the Court had agreed with the 1992 Fund in respect of the claim for loss of income and had rejeceted the claim and that the Court had assessed the damage to the fishing net at €6 000.

Date: 30.09.2009
Categories: Property damage, Legal actions, Pure economic loss (fisheries and mariculture)
Subjects: Assessment of quantum, Judgements in respect of claims for pure economic loss, Loss of income due to reduction in wild fish and shellfish stocks, Damage to fishing boats and/or gear, Link of causation between the loss and the contamination, Contamination of property by oil