*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – Cass. com, March 9, 2010, Pneus Online Switzerland and Pneus Online France v. Delticom, No. 08-16752 In addition to the importance of the solutions that it provides or reaffirms, the judgment handed down by the Commercial Chamber of the Court of Cassation on March 9, 2010 must be emphasized in that it is characterized by the large number of fundamental points of the unfair competition regime dealt with, namely the international jurisdiction of French courts, the constitution of the unfair breach and the assessment of the reparable damage. However, the facts which gave rise to this judgment are quite simple. A company incorporated under Swiss law and a
CASE COMMENTS : UNFAIR COMPETITION - WEB SITE - JURISDICTION OF FRENCH COURTS - LOSS OF A CHANCE - ASSESSMENT OF THE AMOUNT OF DAMAGE
Unfair competition - Jurisdiction of courts: The Court of Cassation considers, when unfair acts are made through Internet, that French courts have jurisdiction if the websites are accessed in France for French clients, written in French, and if the products are available in France and that the act of unfair competition can be identified when the defendant uses for his website a non-descriptive domain name borrowed from its competitor and it markets its products without applying the VAT rate (Pneus Online/Delticom)
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