Confusion: Unlawful use
The decision of the undertakings in question to launch scooters called “Bolt” at the occasion of a trade show in France in May 2019 is constitutive of unlawful recklessness insofar as the principle of fairness in the free exercise of trade should have incited them to clearly distinguish themselves from their competitor – a Bolt scooter app service already present on the market – as any reasonably observant relevant member of the public, who is generally aware of the names of self-service scooters, is thus encouraged to consider them as being from economically linked undertakings.
CA Paris, 15 November 2019, LawLex201900001406JBJ
Unfair competition: Competitive situation
Even in the absence of a situation of direct and effective competition between the persons concerned, disclosure by one of them of information likely to discredit a product marketed by the other may constitute an act of disparagement.
CA Versailles, 12 November 2019, LawLex201900001407JBJ
Disparagement: Criticism
The online publication of an article that is part of a militant action in favor of natural health practices and aims to inform the public on a subject of general interest, namely the presence of chemical excipients in a vitamin D supplement for infants and on the health risks relating to them in a section of the article entitled “Coup de gueule” (outburst of anger) which is an expression denoting an opinion piece justifying the use of vehement or provocative language that the reader will be able to put into perspective, does not characterize an act of disparagement.
CA Versailles, 12 November 2019, LawLex201900001407JBJ
Disparagement: Defamation
The truth exception, which applies to insult and defamation, cannot justify an act of disparagement.
CA Lyon, 7 November 2019, LawLex201900001391JBJ
Disparagement: Email
One e-mail sent to a client relating the state of mind of a former employee that does not discredit the products of his former employer or the company itself, does not characterize an act of disparagement.
CA Lyon, 7 November 2019, LawLex201900001390JBJ
Parasitism: Investments made by parasite
The claim of parasitism is rejected since, although the complainant had been known for a few months as an operator in the sector, it is not established that the defendants had probably intended to take advantage of its investments without any cost to themselves, since they had clearly invested in the launch of their scooters and planned to publicize their partnership with a former Olympic champion.
CA Paris, 15 November 2019, LawLex201900001406JBJ
Unfair terms between professionals: Potestative condition
A clause which allows the customer to adjust the agreed prices according to variations in its need for services is not imbalanced since its implementation is based on an objective criterion i.e. changes to its workforce.
CA Basse-Terre, 12 November 2019, LawLex201900001385JBJ
Sudden termination of established commercial relationship: Cooperative
The provisions of Article L. 442-1, II (former Article L. 442-6, I, 5°) of the Commercial Code are not applicable to the assessment of the corporate link between a retailers’ cooperative and a partner, but do apply to the conditions for the termination of the commercial relationship between them, since the special legislation does not govern the issue of notice.
CA Paris, 6 November 2019, LawLex201900001348JBJ
Sudden termination of established commercial relationship: EIG
Article L. 442-1, II (former Article L. 442-6, I, 5 °) of the Commercial Code is not intended to apply to a termination when there is no commercial relationship separate from the statutory relationship between the EIG and one of its members.
CA Paris, 13 November 2019LawLex201900001382JBJ
Sudden termination of established commercial relationship: Indirect victim
In the absence of any direct relationship with the supplier, a third party to a distribution contract which de facto ensures its performance in a part of the contract territory, cannot claim to be a victim of the termination notified to the distributor on the basis of Article L. 442-1, II ( former Article L. 442-6, I, 5°) of the Commercial Code.
CA Paris, 20 November 2019, LawLex201900001409JBJ
Sudden termination of established commercial relationship: Proof of fault
Complaints from customers that the supplier has not bothered to pass on to the reseller/repairer cannot be regarded as the manifestation of serious breaches able to justify an immediate termination of the established commercial relationship.
CA Paris, 7 November 2019, LawLex201900001366JBJ
