Decision ID: 003827
In October 2011 the 1992 Fund Executive Committee noted that the owners of a campsite in the area affected by the Prestige incident had submitted a claim totalling €914 966 for loss of income and costs incurred in measures to prevent economic losses. The Committee also noted that the 1992 Fund had initially assessed the claim at €595 831 and had paid to the claimant €178 749, ie 30% of the assessed amount but that, following additional information, the claim had been reassessed at €738 716. The Committee further noted that the claimant had not agreed with the assessment and had brought an action against the shipowner, its insurer and the 1992 Fund in the Court of First instance in Bordeaux.
The Committee noted that, in a judgement delivered in May 2011, the Court had partially agreed with the Fund’s assessment of the claim but had considered that the total losses suffered by the claimant totalled €882 268. In its judgement the Court recognised that the Fund should pay 30% of that amount, after deducting the amounts already paid. The Committee noted that as the judgement did not involve a question of principle the 1992 Fund had not appealed and had paid the claimant the sum of €85 931 plus legal costs.