Certainty the association will step back against Aviva

It's now official: the tars wants to "turn the page" of "Athias - Le Saux affair", but it is also seeking compensation for the damage suffered by reason of breach of trust committed by the two founders of the association of savers. For memory, a judgment of the Court of cassation last December upheld the criminal conviction of Gérard Athias and André Le Saux, paving the way to possible civil actions.

The Court of appeal had encrypted the prejudice of the adopters-0.66 of the savings in the form between December 1986 and August 1997, and recognized the existence of harm suffered by the tars without however the encrypt. "We have asked the National Chamber of judicial experts to characterize and quantify the harm of the association." "I want that it is transparent," explained yesterday to the press Gerard Bekerman, the President of the tars. On the updating of the prejudice of members, it would give a digit "between 190 million and EUR 230 million", said Gerard Bekerman, on the basis of the calculations of Didier Schlacther, Professor of financial mathematics.

The Court had also ordered the forfeiture of monies then diverted by the two founders, for an amount of EUR 128 million, reduced to 92 million. This money, Gerard Bekerman means the "equitable distribution" between adherents, without mystery that it would prefer that it "return fund guaranteed the tars." "The Prosecutor General's Office confirmed late March that this money was that of the members of the Afer, and was fully refundable, and he did not opposition to his return", justifies.

In this context, the proposed mediation must be "to avoid a civil action against the founders would be long, expensive and uncertain", defends the President of tars ("Les Echos" from June 30). The Ombudsman is currently selected, Gerard Bekerman "sets a time limit to October" to propose a transaction to members, the idea being to make them validate at the general meeting of 2011.

Things are not necessarily won: the founders tend to consider that they have already paid (the famous 92 million which would not have been sequestered by the State), want to avoid the double penalty and began an action to the European Court of the rights of man ("Les Echos" from June 2). Where a predictable difficulty reaching the 190 to 230 million envisaged.

Aviva, which could consider a time that it is participating in the mediation, estimates have no reason to be (read above). François Nocaudie, the broker at the root of the matter which proposes to federate the civil actions, would like to participate there. But it raises its conditions: that Aviva join mediation, and that it deals with "the other litigation in progress or in preparation.

"It is a formula which I do not know the outcome," admits Gerard Bekerman, recalling that the mediation "suspend or extends the time for a civil action", which runs until 2013. Certainty, the association will step back against Aviva. Because "the two sections of the Insurance Code to be invoked (L. 141-6 and L. 511-1) are only valid in a scheme of delictual liability, and that it is prescribed", explains the President of the tars. And because it is not "attacking the institution that ensures the safety of the stock."