CASE COMMENTS: UNFAIR PRACTICES – UNFAIR COMPETITION – TRANSGRESSION OF A LAW – PREJUDICE

Unfair competition: The Court of Cassation considers a violation of administrative regulations is an act of unfair competition (Orion 38/Diybel)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. 1st civ., 6 July 2011, Orion 38 c/ Diybel, n° 10-20588 The ruling handed down by the First Civil Chamber of the Court of Cassation on July 6, 2011 is an opportunity to return to two important questions relating to the unfair competition action regime, namely the impact of the violation of an administrative regulation on the characterization of the wrongful act and the existence and assessment of the prejudice in this regard. In that case, a company had, over a period of approximately eight years, grouped together two stores without holding the requisite authorisation and thus operated a sales area greater than that previously fixed by the

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  • University Littoral-Côte d’Opale

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Rodolphe Mesa, Unfair competition: The Court of Cassation considers a violation of administrative regulations is an act of unfair competition (Orion 38/Diybel), 6 July 2011, Concurrences N° 4-2011, Art. N° 39976, pp. 129-130

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