CASE COMMENTS : PROCEDURES – ARTICLE R. 463 15 OF THE COMMERCIAL CODE - SEIZURE OF ELECTRONIC DOCUMENTS – ACCESS TO FILE – BUSINESS SECRETS – ARTICLE L. 464 2 OF THE COMMERCIAL CODE – SETTLEMENT PROCEEDINGS – PROOF OF THE INFRINGEMENT – ADMISSION OF GUILT

Seizure of electronic documents – Settlement proceedings: The Court of Cassation approves the partial disclosure of a mailbox which had been initially classified as confidential in its entirety and rules that the settlement proceedings with several companies establishes the existence and nature of the infraction in respect to all the companies concerned (Manpower)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, March 29, 2011, Manpower France holding e.a., n° 10-12913 and 10-13686, "Temporary employment sector". The ruling handed down on 29 March 2011 in the so-called temporary work case, which has already given rise to several comments in this column (v. ConcurrencesNo. 2 2009, Procedural Chronicle, obs. C. Momège, p. 184 ; ConcurrencesNo. 2 2010, Chronique Procédure, obs. C. Lemaire, p. 133), enabled the Court of Cassation to rule in particular on access to the file in the event of the confidential attachment of an entire e-mail message and on the scope of the procedure for non-contestation of grievances for companies that did not take part in it.

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Authors

  • University of Paris I Panthéon-Sorbonne
  • Ashurst (Paris)

Quotation

Christophe Lemaire, Simon Naudin, Seizure of electronic documents – Settlement proceedings: The Court of Cassation approves the partial disclosure of a mailbox which had been initially classified as confidential in its entirety and rules that the settlement proceedings with several companies establishes the existence and nature of the infraction in respect to all the companies concerned (Manpower), 29 March 2011, Concurrences N° 3-2011, Art. N° 38092, pp. 185-187

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