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Servane Morel

University Littoral-Côte d’Opale, Universite de Boulogne sur mer

PhD Student (Boulogne University)

Servane Morel is a Ph.D. student and member of the Research Law Center of Boulogne-sur-mer (LARJ) headed by Mr Daniel Fasquelle, Professor of Law, Dean of the Law Department at the University of Littoral-Côte d’Opale. After graduating with a Master of French and European Business Law and New Technologies at the University of Littoral, she is currently writing a thesis on the application of competition law to companies in financial difficulty. Since 2003, she has been teaching Civil Law at the University of Littoral, first as assistant and then as ATER. She is member of the AFEC.

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Marie Blanchard

Paris Chamber of Notaries

France 1 contribution 2028 visits

Stéphanie Douteaud

University Littoral-Côte d’Opale (Boulogne-sur-Mer)

France 7 contributions 903 visits

Valérie Durand

University Littoral-Côte d’Opale (Boulogne-sur-Mer)

France 85 contributions 19584 visits

Daniel Fasquelle

Squadra Avocats (Paris)

France 108 contributions 509721 visits

Marie-Alice Fasquelle-Leonetti

University Littoral-Côte d’Opale (Boulogne-sur-Mer)

France 1 contribution 3098 visits

Articles

111709 Review

Servane Morel Commercial cooperation - Criminal sanction: The Court of Cassation sanctions invoicing of a fake trade cooperation’s service on the basis of the offense of false of private deed (Cie. générale de conserves)

25 June 2008 3161

Cass. crim. 25 June 2008, Compagnie générale de conserves (CGC) e.a., No. 07-80261 The Criminal Chamber of the Court of Cassation sanctioned the erroneous invoicing of a commercial cooperation service on the basis of Article 441-1 of the Criminal Code despite the defendants’ argument consisting (...)

Servane Morel Unfair competition - Privacy: The Court of Cassation rules that when an employer has substantial reasons to fear unfair practices from his employee, interlocutory measures aiming at accessing to the employee’s computer may be ordered (Mediasystem)

10 June 2008 2956

Cass. soc. 10 June 2008, Ms X v. Mediasystem Company, No. 06-19229 In that it confirms for the first time in identical terms the solution reached by the Social Chamber of the Court of Cassation on 23 May 2007 (Cass. soc., 23 May 2007, No. 05-17.818: Bull. civ. 2007, V, No. 84 : ConcurrencesNo. (...)

Servane Morel Unfair competition: The Court of Cassation rules that an action based on unfair competition does not require competitive relationships between parties to the case (La Fermière / Yoplait)

12 February 2008 4010

An action for unfair competition presupposes the finding of wrongful conduct from which it necessarily follows that the victim has suffered damage. In order to assess whether or not the conduct in question is at fault, the case-law has long required proof of competition between the perpetrator (...)

Daniel Fasquelle, Servane Morel Unfair competition: The originality of a product is not a condition of the action in unfair competition (Bollé Protection)

24 July 2007 2981

Cass. com, June 12, 2007, Stés Bollé Protection and Bushnell Performance Optics Europe v/ Sté Euro Protection, n° 05-17.349, Published in the bulletin A few weeks after the judgment delivered by the First Civil Chamber commented in this review (Cass. 1ère civ., 20 March 2007, M. X... c/ société (...)

Daniel Fasquelle, Servane Morel Unfair competition: The Court of Cassation considers that respect for the private life of employee does not constitute an obstacle to the establishment by the employer of the proof of its unfair manoeuvres (Datacep)

23 May 2007 5116

Cass. soc. 23 May 2007, Mr. X. v. Datacep, No. 05-17.818, published in the bulletin The success of the action in unfair competition presupposes that the victim has established wrongful conduct. The victim must still be able to preserve or establish sufficient evidence. In order to alleviate (...)

Daniel Fasquelle, Servane Morel Unfair competition - Recruting of employees: The Court of Cassation holds that recruiting employees of a competitor does not constitute unfair competition if the massive departure of employees is linked to financial difficulties of the employer (Innovex)

22 May 2007 6515

Cass. com, May 22, 2007, Sté Innovex -MBO v Sté Arvem, n° 06-13.421, Unpublished According to settled case-law, the massive hiring of employees of a competing undertaking constitutes an act of unfair competition when the latter is intended to disorganise the undertaking (Cass. com., 24 Oct. 2000, (...)

Daniel Fasquelle, Servane Morel Unfair Competition: The Court of Cassation holds that malevolent remarks on the goods and services of a competitor must be sanctioned on the base of unfair competition and not on the ground of slandering (Cabinet d’études conseils diagnostics/Amrane Immobilier Expertise)

5 December 2006 5230

Cass. 1st civ. 5 December 2006, Cabinet d’études conseils diagnostics (CECD) and a. c/ Amrane Immobilier Expertise (AIE), n° 05-17.710 Defamation must be distinguished from disparagement. While the former refers to any attack on the honour or reputation of a natural person or legal entity, the (...)

Daniel Fasquelle, Servane Morel Advertising : The Supreme Court rules on relationships between comparative advertising and unfair competition law (Thiers distribution c/ SNC LIDL)

31 October 2006 4745

Cass. com, October 31, 2006, Thiers distribution c/ SNC LIDL, n° 05-10.541, Published in the bulletin Ruling on illicit comparative advertising and its relationship with unfair competition. Cass. com, 31.10.06, Thiers distribution c/ LIDL 1. While comparative price advertising is nowadays a (...)

Daniel Fasquelle, Servane Morel Unfair competition: The Court of Cassation holds that an act of unfair competition attributable to a competitor of the victim is required for an unfair competition action to be brought (Europe funérailles c/ Funéfrance Funéclair)

11 July 2006 5167

Cass. com, 11 July 2006, Europe funérailles v/ Funéfrance Funéclair, n° 02-18.229 Based on articles 1382 and 1383 of the Civil Code, an action for unfair competition requires proof of fault (Cass. com., 16 May 1995, No. 93-17.842; Cass. com., 30 May 2000, No. 98-15.549, Contracts, conc., consom. (...)

Daniel Fasquelle, Servane Morel Unfair competition: The Court of Cassation confirms the necessity of a state of competition between the parties (AMG/Auchan - Atac)

25 April 2006 4710

Cass. com, April 25, 2006, AMG v. Auchan and Atac, No. 04-13.072 In returning to one of the conditions for bringing an action for unfair competition, the judgment of 25 April 2006 deserves attention. In the present case, AMG, which imports and exports all types of textiles and markets (...)

Daniel Fasquelle, Servane Morel Poaching: The Court of Cassation confirms that poaching doesn’t constitute in itself an act of unfair competition (Strulik/Strulik - Stik)

25 April 2006 5933

Cass. com, 25 April 2006, Strulik SA v. Mr. X and Strulik and Stik industries, No. 04-15.694 In the present case, Strulik SA had sued Mr X and the companies Strulik and Stik industries for damages for unfair competition, in particular because of the poaching of two former employees. The former (...)

Daniel Fasquelle, Servane Morel Domain name: The Court of Cassation rules on the difficulty for the holder of a domain name to protect it against the attacks of which it is the object (Soficar/Tourisme moderne)

13 December 2005 5116

Cass. com, 13 December 2005, SA Soficar c/ SA Le Tourisme moderne, compagnie parisienne du tourisme, n° 04-10.143 A year and a half after its first decision on the unfair use of a trade name in a domain name (Cass. com., July 7, 2004, n° 02-17.416, subject of a previous comment in this review, (...)

Daniel Fasquelle, Servane Morel Economic Parasitism: The Court of Cassation holds that an idea must be precise and original to be protected on the basis of parasitism (Syn’x/Softimage)

13 December 2005 4871

Cass. 1st civ. 13 December 2005, Sté Syn’x c/ Sté Softimage, n° 03-21.154 The ruling handed down by the First Civil Chamber of the Court of Cassation on 13 December 2005 provides valuable lessons on the scope of the protection of ideas through the theory of economic parasitism. In this case, a (...)

Daniel Fasquelle, Servane Morel Low price practices: The Court of Cassation refuses to sanction very low prices as an act of unfair competition (Usines Merger/Giat)

6 December 2005 6416

Cass. com, 6 December 2005, Merger Factories v. Giat Industries and others, No. 05-10.929. To the question "can an action for unfair competition sanction an abnormally low price practice deemed not to be contrary to the provisions of the Commercial Code by the Competition Council", the Court (...)

Daniel Fasquelle, Servane Morel Intellectual Property - Unfair Competition: The Paris Court of Appel holds that imitation by a third party of the universe and presentation of comic strips can be sanctioned on the basis of of unfair competition (Albin Michel/Dargaud)

1 July 2005 5212

CA Paris, 4th ch., sect. B, 1 July 2005, Albin Michel / Dargaud, n°05-07.980 The Paris Court of Appeal has just handed down a judgment which shows once again the very great plasticity of the law of unfair competition and its complementarity with intellectual property rights (on this point, see (...)

Daniel Fasquelle, Servane Morel Patent - "Economic Parasitism": The Court of Cassation holds that parasitism can be sanctioned even if there is a violation of the patent and in absence of any misappropriation of the clients (Stratégie Média Conseil/IPACA...)

5 April 2005 6263

CA Paris, 4th floor, 12 January 2005, unpublished TGI Paris, 3rd district, March 9, 2005, unpublished Cass. com, April 5, 2005, Société Stratégie média conseil c/ Association IPACA, n° 02-21.334 The decisions commented on provide an opportunity to return to two important issues. The first relates (...)

Daniel Fasquelle, Sébastien Charrière, Servane Morel Action: The Court of Cassation rules on action for unfair practices and non-compete clause (Monsbrot)

28 January 2005 5076

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 (...)

Daniel Fasquelle, Servane Morel Counterfeiting: The Court of Appeal of Paris applies unfair competition rules when the counterfeit good is not protected by intellectual/artistic property rights (Zara France c/ Fiso)

19 November 2004 6691

CA Paris, 4ème ch. B, 19 November 2004, Sociétés Inditex Industria de Diseno Textil et Zara France c/ Société Fiso, RG 2003/12008 The judgment of 19 November deserves attention as it testifies once again to the importance and interest of the action for unfair competition when the imitated product (...)

Daniel Fasquelle, Servane Morel Unfair competition: The Court of Cassation considers that a non-exclusive supplier can not sell directly to the clients of his bankrupt distributor (Ronéo c/Société Drôme)

12 October 2004 5830

Cass. com, October 12, 2004, Société Ronéo c/ Société Drôme bureau, n° 02-13.404 To the question "Does a company in difficulty benefit from the protection offered by the law of unfair competition? "the Court of Cassation answers here, without hesitation, in the affirmative. In the present case, (...)

Daniel Fasquelle, Servane Morel Unfair competition: The Court of Cassation rules on the complex conciliation of unfair competition rules and freedom of commerce and industry (Média Overseas)

5 October 2004 4947

Cass. com, October 5, 2004, Mr. and Mrs. X...Y... and Mrs. Z...c/ Société Média Overseas, No. 03-11.530 Cass. 1st civ. 7 December 2004, Société Magellan c/ M. X, n° 02-21.245 Cass. com, 30 November 2004, Société Gras Savoye v/ Société AON Conseil and Société des assurés du Sud-Est-SASE, No. 02-20.735 1. (...)

Daniel Fasquelle, Servane Morel Unfair Competition: The French Court of Cassation rules on the use of a commercial name as an Internet website name (Bretagne Ventes Immobilière)

7 July 2004 5716

Cass. com, 7 July 2004, SA Bretagne Ventes Immobilière c/ EURL Véronique Le Helley, n° 02-17.416 On the Canivet Commission report, see also Trends, Concurrences, N° 1-2004 The use, as a domain name on the Internet, of the distinctive signs of another company in order to create confusion and to (...)

Daniel Fasquelle, Servane Morel Unfair competition: The French Court of Cassation rules on faulty communication about a legal action (Loire Affinage)

12 May 2004 5047

Cass. com, 12 May 2004, Messrs Y..., Z... and X... and the company La Maison de l’eau c/ SARL Loire affinage, n° 02-19.199 Cass. com, 12 May 2004, SCP Becheret-Thierry c/ SA Défi, n° 02-16.623 These two judgments are of interest in that they were an opportunity for the Court of Cassation to (...)