Sébastien Charrière is a human resources manager at Astil 62. He is specialized in labor law and was a former Ph. D. student and member of the Research Law Center of Boulogne-sur-mer directed by Professor Daniel Fasquelle. After a private Law degree, he obtained a Master of Law and Justice (Legal theory and History of Law). Since 2002, he has been teaching Civil Law as an Assistant and ATER since 2004. He is presently writing a Ph.D. on “Non-compete clause” directed by Professor Daniel Fasquelle.
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Cass. soc. 7 March 2007, Mrs. X v. Publications Pierre Johanet, No. 05-45.511 Manuals dealing with the non-competition clause ancillary to an employment contract will henceforth have to make provision, as a matter of urgency, for a substantial part of their development to deal with the (...)
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Cass. soc. 15 November 2006, M. X v. Société Comasud, No. 04-46.721, published in the bulletin "Cass. soc. 15 November 2006", M. X v. Société Comasud, No. 04-46.721, published in the bulletin Current case law on non-competition clauses once again leads us on the beaten track of the pecuniary (...)
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Cass. soc., 28 June 2006, M. X... c/ société Panofrance Méditerranée, n° 05-40.990 The Social Chamber of the Court of Cassation clarifies its case law on the question of the possibility of adjusting the conditions of payment of the monetary consideration. On 31 May 2006, the Court of Cassation had (...)
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Cass. soc., May 31, 2006, Société IPS Atlantique c/ M. X..., No. 04-44.598 Case law on non-competition indemnities, a condition for the validity of non-competition clauses ancillary to an employment contract, remains, again and again, particularly prolific. The present judgment answers the (...)
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Cass. com, May 10, 2006, Union Technologies Informatique v. Metaware Technologies, no. 04-10.149 Would companies have found a solution at the cost generated by the non-competition clauses ancillary to an employment contract? This is indeed what this interesting first judgment of the Court of (...)
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Compliance by the employee with an unlawful non-competition clause necessarily causes him or her a prejudice, the extent of which is to be assessed by the court. Cass. soc., 11 January 2006, Ms. X v. Prisme, No. 03-46.933 Cass. soc. 15 February 2006, Ms X v. Distrel, No. 03-47.941 Cass. soc. (...)
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Cass. soc., November 30, 2005, Mr. X... c/ Sté Neda, n° 04-41.709 The judgments of the Social Chamber of the Court of Cassation have often been a source of inspiration for extending the solutions devised for the employment contract to other contracts (on the need for a legitimate interest see, (...)
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Cass. soc., October 12, 2005, Mr. X... c/ Sté La Fiduciaire d’Armor, n° 03-46.752 Cass. soc., October 19, 2005, Mr. X... c/ Sté Eismann, n° 04-40.803 The case law on the establishment of consideration as a condition for the validity of any non-competition clause inserted in an employment contract (...)
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Cass. soc., 27 September 2005, company France Arno v. Mrs. X..., No. 03-45.753 Cass. soc. 28 June 2005, TMT France c/M. X..., No. 03-45.342 Cass. soc., March 30, 2005, société AXA conseil c/ M. X..., n° 03-41.911 Cass. soc. 30 March 2005, 4M Promotion c/M. X..., No. 02-46.114 The warnings and (...)
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Cass. soc. 28 January 2005, Mrs. X v. Société Fretoccitan, No. 02-47.527 Unfair or anti-contractual competition often results from a three-way game. The judgment presented here is a perfect illustration of this and raises the question of actions brought both against a former employee and against (...)
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Report of 30 November 2004 submitted by the working group chaired by Professor N. Molfessis to the First President of the Court of Cassation on reversals of case law As the First President of the Court of Cassation, Guy Canivet, put it very well recently, "reversals of case law create an (...)
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Cass. com, September 21, 2004, Mr. X v. CGRP, No. 00-18.265. The question of proportionality in the area of non-competition clauses has become increasingly important in recent years in the case law of the Court of Cassation. The latter now requires that, in order to be valid, a non-competition (...)
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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 (...)
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