This case arose out of a serious personal injury incurred during yachting lessons organised by the Association les Glénans Center Nautique (LG). The main issue was to what extent LG could limit its liability under the LLMC 1976.

The Court of Cassation ruled (CMI1355), with reference to art L 5121-5 of the Transport Code and arts 6.1.a.i and 6.1.b.i of the LLMC 1976, that in French domestic law, the limit of liability of the owner of a ship with a tonnage of less than 300 tons is equal for claims for personal injury to 166,500 SDRs, and that the Paris Court of Appeal had exceeded that ceiling in its previous ruling. The matter was therefore referred to the Versailles Court of Appeal for decision.

Held: Ruling within the limits of the cassation, this Court says that the compensation ceiling concerning the accident is established at the total sum of EUR 327,311.85 (250,000 SDRs plus interest).

1. The following amounts are to be paid to the victim PW:

• EUR 1,292.23 for future healthcare expenses
• EUR 809.97 for miscellaneous expenses
• EUR 810 for current healthcare expenses
• EUR 1,129,150 for temporary functional impairment
• EUR 8,357.21 for loss of current professional earnings
• EUR 4,590 for temporary third party costs
• EUR 15,000 for suffering endured
• EUR 36,680.81 for professional impact
• EUR 41,600 for permanent functional deficit
• EUR 10,000 for damage to approval
• EUR 1,800 for permanent aesthetic damage.

2. To XW, EUR 2,000 in compensation for his moral damage,

3. To JW, EUR 2,000 in compensation for her moral damage,

4. To the CPAM des Hautes Alpes:

• EUR 126,483.74 plus interest
• EUR 1,055 in respect of the fixed management compensation.