Court Ruling: EURL Raipoe International Awarded Compensation for Pearl Destruction by French Polynesia
By Sandrine, Tuesday 30 May 2017 at 11:05 :: Legislation
In a legal dispute between EURL Raipoe International and French Polynesia, the company sought compensation of 124,410,000 FCFP for the destruction of 414,700 pearls by the Pearl Farming Department between 2007 and 2016.
The pearl trader argued that even if considered rejects, these pearls had market value, particularly when imperfections affected less than half their surface and they could be commercially sold as cut cultured pearls.
The court acknowledged the quality control exercised by the Pearl Farming Department. However, it also ruled that the deprivation of property resulting from the pearl destruction warranted compensation under Article 17 of the 1789 Declaration of the Rights of Man and of the Citizen. The court concluded the company failed to prove the destroyed pearls could be partially repurposed for commercial use.
Consequently, the court ordered French Polynesia to pay EURL Raipoe International 10,297,782 FCFP in compensation for the property deprivation of 323,080 pearls destroyed on May 17, 2016.