Decisión nº: 000858

In February 1998 the 1971 Fund Executive Committee considered the admissibility of a claim by five doctors operating a medical centre for alleged loss of income due to a reduced number of temporary residents (for whose treatment the National Health Service would have made additional payments to the centre), and additional work as a result of an increased number of patients treated for conditions allegedly consequent upon the incident (for whose treatment no additional payments were received by the practice). The Committee decided that in view of the medical centre’s limited dependency on income (less than 11.5%) from temporary residents, including tourists, there was not a sufficient degree of proximity between the incident and the alleged losses, and that therefore the claim should be rejected. The Committee also took the view that, in any event, the claimants had not shown that the very small reduction in income from temporary residents was attributable to the incident and that the additional workload allgedly resulting from the incident should be considered as being covered by the general reimbursement under the National Health Service, as for example would be an increase in workload as a result of an epidemic or industrial accident.

Fecha: 01.02.1998
Categoría: Pérdida puramente económica (turismo)
Subjects: Criterios de admisibilidad, Relación de causalidad entre la pérdida y la contaminación