Unfair competition: The Cour de cassation considers that the practice of carpooling is lawful and finds that the loss of chance is serviceable (Transports Schiocchet excursions/Onet Luxembourg)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The ruling handed down by the Commercial Chamber of the Court of Cassation on 12 March 2013 is interesting for two reasons. On the one hand, because it rules on the practice of carpooling with regard to unfair competition law. On the other hand, because it specifies the elements of damages that can be compensated in case of unfairness. In this case, a cleaning company had entered into a contract with a transport company for the transport of its employees to their place of work. Some time after the conclusion of this agreement, the transport company noticed a sudden drop in its activity, which was caused by the organisation of car-pooling by several