CASE COMMENTS : UNFAIR COMPETITION - JURISDICTIONS CONFLICT - POACHING

Unfair competition - Jurisdiction of French Courts: The Court of Cassation holds, when a foreign company makes a poaching of employees of a French company, that the causal event has occurred at the headquarters of French company taking into consideration the loss of skills and informations of the poached employees (Aluplast/Schüco)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – Cass. 1st civil, 14 April 2010, Aluplast GmbH Kunststoffprofile v/ Schüco international, No. 09-12792 When an act of unfair competition involves two companies of different nationalities, there is a conflict of laws but also, as far as legal proceedings are concerned, a conflict of jurisdictions which must be settled pursuant to Article 5 of Regulation No 44/2001 of 22 December 2000, known as Brussels I. The decision which was delivered by the First Civil Chamber of the Court of Cassation on April 14, 2010 proposes an interesting application of this text with regard to the question of the location of the harmful event in the matter of the poaching of

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  • University Littoral-Côte d’Opale

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Rodolphe Mesa, Unfair competition - Jurisdiction of French Courts: The Court of Cassation holds, when a foreign company makes a poaching of employees of a French company, that the causal event has occurred at the headquarters of French company taking into consideration the loss of skills and informations of the poached employees (Aluplast/Schüco), 14 April 2010, Concurrences N° 3-2010, Art. N° 32090, pp. 117-118

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