00lllq
58. ln the instant case, the Court holds that prior to the PHILIA GROUP LTD decision to
suspend its partnership with the Applicant, the likelihood of actualizing the investment
in the oil sector was real given the agreement of 28 September 2016, such that both
partners could have a reasonable expectation of realizing the expected benefits. The
probability of carrying out such project was further confirmed with the obtaining of the
requisite licenses on 9 December 2016, but this probability was soon dissipated by
the criminal proceedings before CRIET which forced the Applicant into exile. The
Court consequently finds that the Applicant actually lost a business opportunity.
59.Accordingly, this Court holds that the Applicant is entitled to appropriate compensatory
relief for loss of real opportunityl5.
60.The Applicant estimates the amount of the damage suffered at One hundred and fifty
billion (150,000,000,000) CFA Francs, which represents, according to him, a quarter
of what the projects WAF ENERGY SA and BENIN OIL ENERGY SA would have
realized as profit between 2017 to 2021 under their joint venture platform.
61
.
The Court notes that, in assessing the amount of reparation for loss of opportunity, it
takes into account the amounts claimed by the Applicant at the moment when the
Applicant's expectation arose and the bases of the calculation that led to the amount
claimed. ln the instant case, the Court's calculation base is the profit that can be
earned as shown in the business plan of the so-called 'loint venture" platform
estimated at Ten billion two hundred and thirty-eight million seven hundred and
twenty-eight thousand eight hundred and seventy-two (10 238 728 872) CFA Francs
per month for an estimated monthly sale of eighty-two million (82,000, 000) titers.
1s
The European Court had also stated that "the loss of real prospects justifies the award of fair
satisfaction"...."at times evaluated in pecuniary compensation": ECHR, Matter of Sovtransavto Holding v.
Ukraine, op. cit. $ 51; ECHR, Application No. 42317198. Judgment ot 1611112004, Hooper v. United
Kingdom, S 31; Application No.45725l99. Judgment of 14t312002, Matveiro v. portugat, g 30.
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