ALERT: UNFAIR COMMERCIAL PRACTICES – UNFAIR COMPETITION – BURDEN OF PROOF

Burden of proof: The Commercial Chamber of the French Supreme Court rules that the characterization of unfair competition does not require the repetition of acts or proof of any intentional element (Fenêtres et portes du soleil / Label isolation)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Unfair competition by denigration, unlawful advertising and misuse of a customer file* Facts. The company Fenêtres et portes du soleil (FPS) operates a business of windows, doors and shutters. It accused two former employees of unfair competition when they created a competing company (Label Isolation). Three grievances were put forward: firstly, the misappropriation and use of a customer file, secondly, denigration in the form of a letter sent to a supplier discrediting the former employer, and thirdly, the use of illegal advertising in the form of signs installed on the public highway in disregard of a local bylaw and of any roadway authorization. The

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Nicolas Éréséo, Burden of proof: The Commercial Chamber of the French Supreme Court rules that the characterization of unfair competition does not require the repetition of acts or proof of any intentional element (Fenêtres et portes du soleil / Label isolation), 12 May 2021, Concurrences N° 3-2021, Art. N° 101734, www.concurrences.com

Visites 247

All reviews