Non-competition clause: The French Supreme Court rules that the violation of a non-competition clause does not constitute tortious fault against a third party (Dartess / Bernard M. grands vignobles du Sud)

Dissociation of contractual and tortious faults in case of violation of a non-competition clause* Facts. The subsidiary of a group of companies operating in the storage and logistics sector took over the assets of a competitor company as part of a plan to sell the business. The takeover was accompanied by the conclusion of an agreement between the transferee's parent company and the transferor company, stipulating a non-competition clause which prohibited the latter's manager, Mr X, from providing wine logistics services within a 300 kilometre radius during the term of the agreement and for five years after its termination. In the context of this transfer, the group's subsidiary took over a contract concluded between the transferor and a company specialising in the purchase and