Parasitism: The Court of Cassation rules that only first instance Courts may assess the fault and the damages (Mill’Vi/ALS)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – Cass. com, 25 January 2005, Société Mill'Vi c/ Sociétés ALS service, Bennes Rhône-Alpes and Bennes Manjot, n° 03-11.770 The judgment of 25 January 2005 provides an opportunity to reconsider the extent of the sovereign power of the trial judges in the context of the sanctioning of parasitic acts. In the present case, a company holding a patent for certain models of dumpsters sued for infringement and for unfair and parasitic competition several of its competitors who