Decision ID: 003704

In June 2010 the 1992 Fund Executive Committee noted a judgement rendered in October 2009 by the Civil Court in Saint Nazaire in respect of two claims by an oyster grower totalling €12 796 for losses suffered in the period December 1999 to February 2000. It was noted that the claimant had received a payment of €4 048 from the 1992 Fund and payments totalling €12 796 from OFIMER (Office national interprofessionel des produits de la mer et de l’aquaculture) and from the Conseil Général de Loire Atlantique. It was also noted that the claimant had submitted a claim for €8 030 for losses during the period of March and April 2000, in respect of which the claimant had received payments from OFIMER and the Conseil General de Loire Atlantique. It was further noted that the 1992 Fund had rejected the claims since it had considered that the claimant had already been compensated for all the losses suffered as a result of the incident. The Executive Committee noted that the Civil Court in Saint Nazaire had concluded that the claimant had not suffered any losses in addition to the losses already compensated and for that reason had rejected the claims.

Date: 31.05.2010
Categories: Pure economic loss (fisheries and mariculture), Legal actions
Subjects: Assessment of quantum, Judgements in respect of claims for pure economic loss, Admissibility criteria