Decision ID: 003708

In June 2010 the 1992 Fund Executive Committee noted that in October 2009 the Civil Court in Bayonne (France) had rendered a judgement in respect of a claim by the operator of two hotels and a health spa in Biarritz for losses suffered in 2003, allegedly due to the Prestige incident. The Committee noted that the 1992 Fund had assessed the claim, which was for €1 653 083, at €390 463 and that the Fund had based its assessment on the claimant’s business results in 2000 and 2001, whereas the claimant had based the calculation of his losses on a provisional budget. It was also noted that the claimant, who did not agree with the assessment,had brought action against the 1992 Fund claiming €1 653 083 for economic losses and €500 000 for moral damages. The Executive Committee noted that the Court had agreed with the 1992 Fund’s assessment of the claim. It was noted that the Court had considered that the criteria for admissibility of claims contained in the 1992 Fund’s Claims Manual, even if not binding for the national courts, was a reference and that the assessment of losses should not be based on projected figures but on the claimant’s results in the periods before the incident compared with the affected period. It was further noted that as regards the claim for moral damages, the Court had considered that the claimant had not proved to have suffered damage beyond the economic losses sustained and that moral damages were not included in the definition of pollution damage contained in Article I.6 of the 1992 Civil Liability Convention.