FLASH-CONCURRENCE-19NOV2018

Chambers of commerce and industry may promote and market electronic signature certificates, even for the benefit of local authorities or regulated professions, without committing acts of unfair competition against a company carrying out that activity, since the mission in question is an extension of their role of supporting and assisting businesses.
Council of State, 9 November 2018, LawLex201800001702JBJ

Parasitism: Slavish or quasi-slavish copying of a model
A company seeks to create confusion for the consumer and to take advantage of the reputation of others when it launches the same range of ear plugs in identical packaging as that of its competitor which has been a well-known and active operator in the sector for a hundred years, where the copy of the color, the graphic charter and the format are not justified by any particular technical necessity or marketing requirement.
CA Paris, 26 October 2018, LawLex201800001621JBJ

Sudden termination of established commercial relationship: Calls for tender
The fact that the trading relationship was initiated through a call for tenders does not place it in a situation of precariousness when, after the term of the first contract, trade continued informally for another three years.
CA Paris, 9 November 2018, LawLex201800001692JBJ

Sudden termination of established commercial relationship: Absence of justification
The termination is not sudden simply because it occurs after the ousted partner has been placed under an insolvency safeguard procedure insofar as an established commercial relationship is not merely an ongoing contract.
CA Paris, 9 November 2018, LawLex201800001692JBJ

Action for abuse of dependence: Liability claim
Article L. 442-6, I, 5° of the Commercial Code, which is an overriding mandatory provision, makes it possible to rule out the foreign law applicable to an international dispute pursuant to the Rome I Regulation.
CA Paris, 7 November 2018, LawLex201800001690JBJ