*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. While case law relating to Article L. 463-6 of the French Commercial Code has so far been extremely rare, the years 2010/2011 undeniably mark a turning point in this area. Indeed, after the Court of Cassation in 2010 (Cass. com., 19 January 2010, Semavem v. JVC, Concurrences No. 2-2010, obs. C.L. and S.N., p. 136) and the Paris Commercial Court in August 2011 (T. Com Paris, ch. 15, 24 August 2011, SAS Ma Liste de Courses v. société Highco and others. , Concurrences No. 4-2011, obs. C.L. and S.N., p. 178.), it was again the Paris Commercial Court, but in a different formation, that was called upon to rule, in a judgment of November 8, 2011, on the scope of
CASE COMMENTS: PROCEDURES – DISCLOSURE OF THE CASE FILE BEFORE THE COMMERCIAL JUDGE – SECRECY OF PROCEEDINGS – ARTICLE L. 463-6 OF THE FRENCH COMMERCIAL CODE – DEFENSE RIGHTS
Disclosure of the case file: The Paris Commercial Court considers that the disclosure of documents from the case file before the commercial judge is not in breach of article L. 463-6 if these documents were already known to the other parties (Outremer Telecom and Orange Caraïbes)
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