00{420 54.The Court further notes that in the judgment on the merits, it held that the judicial proceedings instituted by the Respondent State were unfair and violated the Applicant's right to the presumption of innocence and his right to defence guaranteed under Article 7(1) (b) and (c) of the Charter. The Court consequently finds in conclusion that the failure of the investment plan in the petroleum sector is linked to the drug trafficking case and to the legal proceedings initiated by the Respondent State against the Applicant which the Court held to be unfair. 55.Therefore, the question before the Court is whether or not, in the circumstances, the Applicant is entitled to pecuniary reparation by way of compensation for the loss of business opportunity, given that the sale of petroleum products under the aforesaid projects, had not taken off1o. 56.The Court is persuaded by the definition given by the Cour de Cassaflon in France, that the loss of opportunity "implies the deprivation of a potential with a reasonable probability and not a certainty. lt is necessary for the damage suffered to have removed the probability that a positive event will occur or that a negative event will occut''.11 The Supreme Court of Portugallz, follows the same line of reasoning as the judgments of the supreme courts of ltaly, Germany, Austria, The Netherlands and the United Kingdom, has adopted the same definition in severaljudgments. 57.Moreover, in the case of Soci1te Benin ControlSA v. Stafe of Benin, the OHADAI3 Arbitral Tribunal, taking into account the fact that the unilateral suspension of the contract by the State of Benin resulted in a loss of profit for the company, concluded that the said loss of profit must be remedied.la France,gg77and80 '0ECHR,ApplicationNo.25444194.Judgmentot25t3l1999,PltissierandSassly. Civil Chamber of the Court of Cassation in France, Judgment ot 7t412016. Appeals No. t S-1a.Agg anO 11 No.'15-1 1.342. 12 Supreme Court of Portugal, Judgment 91712015, Appeal No. 51OSI12.2TBXL.L1. S1 with references to several countries' jurisprudence. 13 Organization for the Harmonization of Business Law in Africa 11 Arbitral Award of 13 May 2Q14. t7 @-