Non-solicitation clause: The Court of Cassation considers that a non solicitation clause does not constitute a non competition clause, it is neither a version nor a precision of the later (Barandon c/ GELU)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – Cass. com, July 11, 2006, Barandon v/ société GELU, n° 04-20.438 On 11 July 2006, the Court of Cassation further clarified the notion of non-solicitation clause. For the first time, it expressly distinguished this type of clause from non-competition clauses. In this case, Mr. and Mrs. Y operated several reprographic companies in the Hérault region. In 1996, they sold the shares in two of their companies to a third company headed by Mr Z. The deeds of transfer of those companies each contained a non-competition clause and a non-solicitation clause under which 'both the transferring group and the transferee group shall refrain, as far as it is concerned, from