Laurent Roberval

Roberval Avocat (Lille)

Laurent Roberval is a lawyer specialized in employment Law at Cabinet Roberval in Lille. Prior to that, he was a Ph.D student and member of the Research Law Center of University of Littoral (LARJ, Boulogne-sur-mer) directed by Daniel Fasquelle, Professor of Law. After obtaining the master of European Law at the University Paris II- Panthéon Assas, he was awarded a grant from the Ministry for research. His areas of research concern restrictive practices and, in particular, legal requirements for tariff transparency. Since 2004, he has been teaching as assistant Civil Law at the University of Littoral.


201201 Review

Laurent Roberval Parasitism: The Cour de cassation reminds the limits of the right of a former employee to keep the working methods of his former employer (Roldan et Nateco/Comptoirs du Monde)


Cass. com. 26 June 2012, Roldan and Nateco / Comptoirs du Monde, appeal n°11-20.629 In a decision of 26 June 2012, the Commercial Chamber of the Court of Cassation recalls that a dismissed employee, even if he is free of any non-competition undertaking and any confidentiality obligation, cannot (...)

Laurent Roberval Unfair competition: The Court of Cassation confirms that the informations on key feature of a computer provided with operating systems and applications, must be given by the professional seller to the consumer (UFC Que choisir, Darty)


Cass. 1st Civ., October 6, 2011, UFC Que choisir c/ Darty, No. 10-10800 Consumer associations win another victory in the battle against computer resellers with pre-installed software. In the case at bar, the UFC Que choisir was suing Darty for, among other things, the obligation to indicate (...)

Laurent Roberval Comparative Advertising – Counterfeiting: The Court of Cassation rules that a manufacturer that mentions the tradmark of a drug similar to its generic drug in an advertising may behave in conformity with comparative advertising rules and without counterfeiting (Sandoz/Beecham Group and Laboratoire Glaxosmithkline)


Cass. com, May 24, 2011, Sandoz c/ Beecham Group and Laboratoire Glaxosmithkline, No. 09-70722 How can the need to promote the development of generic medicines, trade mark law and the comparative advertising regime be reconciled, while respecting Community law? It is this difficult exercise, (...)

Laurent Roberval Warranty of quiet enjoyment: The Court of Cassation highlights the importance of providing an extension of the warranty of quiet enjoyment in a share deal (Foncia Gecovar/M. X… et Royale Immo)


Cass. com, March 15, 2011, Foncia Gecovar c/ M. X... and Royale Immo, nº 10-14404 While it is relatively easy to invoke the guarantee of eviction in the case of real estate sales, it is much more difficult to invoke it when the subject matter of the contract concerns a transfer of customers. (...)

Laurent Roberval Directive 2005/29/EC: The Court of Justice rules that the Austrian ban on advertising, offering and giving away gift by newspapers and magazines is inconsistent with the law of the European Union (Mediaprint Zeitungs- und Zeitschriftenverlag)


Directive 2005/29/EC of 11 May 2005 intended to fully harmonise the rules on unfair commercial practices towards consumers. Member States may therefore not adopt more restrictive measures than those laid down in that text, even with a view to ensuring a greater degree of consumer protection. (...)

Laurent Roberval Non compete clause: The Court of Cassation rules on freedom to compete with one’s former company (DRL conseil/LIC formation ; Ambulances du mantois ; Buro +/AG Buro ; DRH)


The freedom to compete with one’s former business has been at the heart of recent case law activity in unfair competition matters. Since October, no fewer than four cases have dealt with this thorny issue. It is therefore particularly important, in the light of these different solutions, to take (...)

Laurent Roberval Limits of the right of information of an Internet distributor: The Court of Cassation assesses the extent of the right of information of an Internet distributor for criticising the goods sold on its website (DDI/L & S)


Cass. com, November 24, 2009, DDI v. L & S., No. 08-15002, published in the Bulletin Does an e-merchant have a right to critical information about the products he resells? A decision handed down on 24 November 2009 by the Commercial Chamber of the Court of Cassation provides elements of an (...)

Daniel Fasquelle, Laurent Roberval Unfair competition: The Court of Cassation rules on the inability to sell a judicial constraint imposed under unfair competition rules (Absolute c/Dipa)


Cass. com, March 3, 2009, Société Absolute v/ Société Dipa, n° 08-10.923 Can the new operator of a magazine apply for the liquidation of a periodic penalty payment imposed on its predecessor in order to put an end to an unfair competition practice? This is the question that was put to the judges of (...)

Daniel Fasquelle, Laurent Roberval Commercial cooperation: The Court of Cassation holds that the Minister of Economy can substitute a supplier even without his agreement in order to act before the Courts (ITM alimentaire c/ Ministre)


Cass. com, 8 July 2008, ITM alimentaire c/ Ministre de l’économie, n° 07-13.350 Cass. com, 8 July 2008, Minister for the Economy v GALEC, No. 07-16.761 The Court of Cassation has put an end to the uncertainty linked to the power of substitution granted to the Minister of the Economy on the basis (...)

Daniel Fasquelle, Laurent Roberval Modernisation of the Economy Act: The Legislator progresses toward the finalization of the law on the modernization of the Economy (Loi de Modernisation de l’économie)


Draft Law on the Modernization of the Economy (restrictive practices) As we conclude this section, in early July 2008, the Economic Modernization Act is still before the Senate. It is possible, however, to identify the main trends in this new reform, at least in its trade relations component. (...)

Daniel Fasquelle, Laurent Roberval Code of good practices: The CEPC Commission supports a code of good practices between the professional of insurance and automobile (Good practices between the professional of insurance and automobile)


CEPC, Opinion n° 08-02 of 7 February 2008 on practices followed in commercial relations between insurers and body repairers, and its attached charter. The use of codes of conduct to regulate commercial relations is a method used by many States (J. Watin-Augouard, "Codes of conduct: when Europe (...)

Daniel Fasquelle, Laurent Roberval Restrictive practices: The University of Montpellier publishes the 2006-2007 report of civil matter and State prosecution in the field of restrictive practices (Montpellier Law Faculty Report)


Observatoire des pratiques commerciales: 18 months of court decisions available on the site of the Commission d’examen des pratiques commerciales (Report of the Faculty of Law of Montpellier, 2006-2007) The Faculty of Law of Montpellier delivered a new report in the framework of the partnership (...)

Daniel Fasquelle, Laurent Roberval Discriminatory practices: The CEPC Commission renders an opinion on price discriminatory practices in the pharmaceutical sector (Pharmaceutical sector)


In commented opinion No. 07-04 of 14 June 2007, the Commission d’examen des pratiques commerciales (CEPC) attempts to make the link between the tariff differentiation enshrined in Article L. 441-6 of the French Commercial Code (C. com.) of the SME Act of 2 August 2005 and the prohibition of (...)

Daniel Fasquelle, Laurent Roberval Restrictive Practices - State Prosecution: The University of Montpellier assesses State prosecution in penal and civil matter (Montpellier Law Faculty Report 2005-2006)


Report of the Faculty of Law of Montpellier on the Application of Title IV of Book IV of the Commercial Code concerning legal actions at the initiative of economic actors: Assessment of criminal (year 2005) and civil (period from 1 January 2004 to the first half of 2006) court decisions The (...)

Daniel Fasquelle, Laurent Roberval Delays for payment : The CEPC Commission insists on interprofessional negotiations in order to reduce delays for payment (Automobile Federation)


The question of payment periods under competition law has long been raised without a solution having yet been sketched out (see note J.-P. L. L, Concurrences, No 2-2006, p. 106.). However, far from being fatalistic, the Trade Practices Review Commission (TPRB) does not despair of finding a way (...)

Daniel Fasquelle, Laurent Roberval Commercial cooperation, Term of payment...: The French Legislator and Government adopt more economic regulation (Various 2007 Decrees and Laws)


Decree No. 2007-257 of 26 February 2007 amending Decree No. 2005-524 of 20 May 2005 establishing the list of agricultural products mentioned in Article L. 441-2-1 of the Commercial Code Bill to regulate payment periods in industrial subcontracting, No. 3627, registered at the Presidency of the (...)

Daniel Fasquelle, Laurent Roberval Commercial cooperation: The Court of Cassation answers the question of proof in the case of false commercial cooperation (Vierzon distribution)


Cass. com, February 20, 2007, Sté Vierzon distribution v/ Minister of the Economy, n° 04-20.449, unpublished In a ruling handed down on 20 February 2007, the Commercial Chamber of the Court of Cassation provided interesting clarifications on the evidence of false commercial cooperation. In this (...)

Daniel Fasquelle, Laurent Roberval Civil fine: The Court of Cassation holds that the Minister of the Economy cannot ask the judge to inflict a civil fine when he intervenes directly in appeal on the base of Art. L. 470-5 C. com (Streck Diffusion/La Redoute)


Cass. com, January 23, 2007, Streck Diffusion v/ société La Redoute, n° 04-16.779 The ruling handed down on 23 January 2007 by the Court of Cassation illustrates the difficulty of reconciling the guiding principles of civil procedure with the exorbitant prerogatives of ordinary law granted to the (...)

Daniel Fasquelle, Laurent Roberval Commercial cooperation: The Court of Cassation indicates the mentions which must appear on contracts of commercial cooperation and invoices (SCA Centre)


Criminal Case, 6 December 2006, SCA Centre, No. 06-82.834. In a ruling handed down on 6 December 2006, the Criminal Division of the Court of Cassation gave an extensive interpretation of the formal requirements imposed by Article L. 441-6 al. 5 C. com. which are nevertheless criminally (...)

Daniel Fasquelle, Laurent Roberval Economic dependency: The Anger Court of Appeal explains that a brutal increase in the price of accounting and administrative services is an abuse of economic dependency (Proservices c/ SA Orthodis)


CA Angers, Switzerland, February 7, 2006, SARL Proservices c/ SA Orthodis The ruling handed down on 7 February 2006 by the Angers Court of Appeal is instructive not only with regard to compensation for a victim of a multiple violation of the provisions of article L. 442-6 C. com, but also with (...)

Daniel Fasquelle, Laurent Roberval Economic dependency: The Versailles Court of Appeal gives a rare example of judgment on the base of Art. L. 442-6 I) 3) C. com (SAS Viastel c/ SA Maille Du Pevele)


CA Versailles, 12th ch. 2, 18 May 2006, SAS Viastel c/ SA Maille Du Pevele The judgment handed down by the Versailles Court of Appeal on 18 May 2006 is of interest for two reasons as regards the application of the provisions of the NRE Law n° 2001-420 of 15 May 2001: on the one hand, it is one (...)

Daniel Fasquelle, Laurent Roberval Excessive low prices - Commercial town planning: The Government adopts new regulatory provisions which make French regulated economy even stronger (Decrees of 4 May 2006, 10 April 2006)


Decree 2006-513 of 4 May 2006 implementing Articles L. 470-4-1 of the French Commercial Code, L. 141-2 and L. 216-11 of the French Consumer Code relating to the settlement of transactions and amending the Consumer Code Ministerial decree of 2 May 2006 amending the decree of 24 May 2005 laying (...)

Daniel Fasquelle, Laurent Roberval Discriminatory pricing policy: The Court of Cassation holds that a discriminatory pricing policy cannot allow a supplier to supplant a distributor which does not give satisfaction (Akzo nobel coating c/sté Bonnot)


Cass. com, 25 April 2006, Akzo nobel coating v/ société Bonnot, n° 03-20.353 While the decree implementing the SME Law of 2 August 2005 specifying the conditions for implementing price differentiation is still awaited, the Court of Cassation recalled, in a judgment of 25 April 2006, that (...)

Daniel Fasquelle, Laurent Roberval Civil fine - Appeal: The Court of Appeal of Douai rules on the first intervention of the Administration in appeal to get the retailer convicted of a civil fine (Eurauchan/Label Gourmand)


CA DOUAI, 2nd ch. sect. 1, 13 October 2005, SAS Eurauchan c/ SARL Label Gourmand, n° 04-1971 If the Minister of the Economy can intervene directly on appeal to request the pronouncement of a civil fine even though he did not participate in the first instance, it is only on the condition that he (...)

Daniel Fasquelle, Laurent Roberval Producers/Distributors: The Government and the Commission for the study of commercial practices establish a new framework for penalties for late payment (CEPC Opinion, new Art. L. 442-6-I-8° C. com)


ECCP, Recommendation No. 05-01 of 21 March 2005 on payment periods and their application. Glais Report, 1 February 2005, Study on payment periods for the CEPC Law No. 2005-882 of 2 August 2005 in favour of small and medium-sized enterprises Late penalties are being misused, a point on which (...)

Daniel Fasquelle, Laurent Roberval De minimis: The French Competition Council states on de minimis and discriminatory practices (Art. L 442-6 I) 1° Cod. com.) (Appareils électrodomestiques)


Council Directive (EC) No 04-D-64 of 30 November 2004 on practices in the distribution of household electrical appliances The Council was asked by the Minister of the Economy to examine the legality of certain practices of a central purchasing body. Without going into detail, the latter was (...)

Daniel Fasquelle, Laurent Roberval Break of established commercial relationships: The Court of Cassation uses common rules in addition to unfair competition provisions (Rover France)


Cass. com, October 5, 2004, Société Rover France v. M. X, No. 02-17.338 Cass. com, 3 November 2004, Société Manitou v/ Société CMG, No. 02-17.919 What role can common law play alongside Title IV of the Commercial Code, which specifically regulates the abusive termination of established commercial (...)

Daniel Fasquelle, Laurent Roberval, Sébastien Charrière Break of established relationships: The French Court of Cassation considers that the judge must take into account the existence of alternative commercial solution for the distributor (Auchan)


Cass. com, May 12, 2004, Sté ABCG participation c/ Sté Auchan France, n° 01-12.865 In order to assess the brutal nature of the termination of a commercial relationship within the meaning of Article L 442-6, I, 5°, must the courts take into account the state of dependence of the ousted contracting (...)


Send a message