CASE COMMENTS : UNFAIR PRACTICES – UNFAIR COMPETITION – EMPLOYEE RAIDING – BUSINESS DISRUPTION
Unfair competition: The Court of Cassation sanctions employee raiding which amounts to business disruption (Altead Augizeau/Capelle)
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Cass. com, November 29, 2011, Altead Augizeau c/ Capelle, n° 10-25027
The Commercial Chamber of the Court of Cassation, in a ruling dated 29 November 2011, sanctions a poaching practice that has had the effect of disorganising the victim company and thus shows a severity that breaks with its previous decisions. Such a solution raises questions about the lack of consistency that still characterizes the matter.
In the present case, a company specialising in exceptional transport, in particular the transport of catamarans, accused its competitor of having recruited five of its employees with a view to setting up a secondary establishment in direct competition
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