CASE COMMENTS : PARASITISM - FORMER EMPLOYEE
Parasitism: The Cour de cassation reminds the limits of the right of a former employee to keep the working methods of his former employer (Roldan et Nateco/Comptoirs du Monde)
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Cass. com. 26 June 2012, Roldan and Nateco / Comptoirs du Monde, appeal n°11-20.629
In a decision of 26 June 2012, the Commercial Chamber of the Court of Cassation recalls that a dismissed employee, even if he is free of any non-competition undertaking and any confidentiality obligation, cannot develop an activity similar to that of his former employer by simply plundering his former employer's business methods.
In the present case, after his dismissal, the accountant of a company specialising in taking over unsold goods had joined a company linked to his family, of which he quickly became a partner himself. He then encouraged his family to engage in the
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