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

1520. 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)

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This article was first published in the Lettre de la distribution published by the Centre du Droit de l’Entreprise of the University of Montpellier.

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 Aix-en-Provence Court of Appeal, in upholding the decision of the first judges, rejected the claims of the FPS company, noting that only one client had been canvassed using the allegedly misappropriated file. It also held

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Nicolas Éréséo, 1520. 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° 4-2021, Art. N° 101734, www.concurrences.com

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