Unfair competition: The Cour de cassation considers that the partner is not bound by an obligation of non-competition (Promes procédés et mesures)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Commercial Chamber of the Court of Cassation returned, with its ruling of 19 March 2013, to the issue of possible non-competition obligations to which the members of a limited liability company would be bound. In this case, a limited liability company with an industrial technology activity had been created by a person who worked there as technical manager and who held 40% of the capital. Following his resignation, this partner, who had retained his shares, set up another company with a former subcontractor, the new company carrying out a similar activity to that of the first one. The latter then accused him of having acted in disregard of his duty of