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

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – 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 reconsider the failure to take account of the intentional element in the characterisation of the fault of unfair competition (see D. 2004, p. 1810). They will also be of interest in that they confirm the position of the case-law on the wrongful nature of the denunciation, in the absence of any judicial decision, of a judicial procedure initiated against a competitor