CASE COMMENTS: PROCEDURES - PROVISIONAL MEASURES - PRELIMINARY CONDITION FOR A PRESUMPTION OF INFRINGEMENT IMPOSED BY THE COURT OF APPEAL

Provisional measures: The Court of Cassation liberates the Competition Council of the requirement imposed by the Court of Appeal of Paris into the finding of a prima facie infringement before issuing provisional measures (Neuf Télécom)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Commercial Chamber of the Court of Cassation yesterday, November 8, ruled 2005, a long-awaited decision in the so-called ADSL TV case. The The main issue raised by this case was the degree of characterisation of the offence required for action to be taken The Court of Appeal shall have the power to make such orders as it deems appropriate. However, since the The Paris Court of Appeal has undertaken to significantly enhance, in the the purpose of bringing French law closer to Community law, the standard prevailing for the taking of provisional measures by requiring of the Council, beyond a finding of serious and immediate harm to the general economy, to

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Provisional measures: The Court of Cassation liberates the Competition Council of the requirement imposed by the Court of Appeal of Paris into the finding of a prima facie infringement before issuing provisional measures (Neuf Télécom), 8 November 2005, Concurrences N° 1-2006, Art. N° 54701, www.concurrences.com

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