22 June 2020
Action for unfair competition: Jurisdiction of interim applications judge (juge des référés) or motions judge (juge des requêtes)
The judge having issued the ex parte motion may withdraw or modify it, but where he limits the task entrusted to an expert witness while hearing an application for nullity of the investigative measures carried out on the basis of the motion, he must find a loss of legal basis of the measures already carried out and their resulting nullity.
Court of Cassation, 2nd civil chamber, 4 June 2020, LawLex20200000519JBJ
Action for unfair competition: Jurisdiction of interim applications judge (juge des référés) or motions judge (juge des requêtes)
The adversarial principle is violated where the judge hearing an application for the nullity of investigative measures carried out on the basis of an ex parte motion, modifies, ex officio, the mission entrusted to the bailiff and the computer expert by that ex parte motion without first inviting the parties to submit their observations.
Court of Cassation, 2nd civil chamber, 4 June 2020, LawLex20200000519JBJ
Unfair terms between professionals: Scope ratione materiae
A claim based on significant imbalance, which does not come within the jurisdiction of the Lyon Court of Appeal, is also inadmissible when brought against a finance company whose activities are governed solely by the Monetary and Financial Code.
CA Lyon, 4 June 2020, LawLex20200000498JBJ
Significant imbalance: Overall or clause-by-clause assessment
A trading partner’s claim that the obligation stipulated in a clause is imbalanced due to lack of consideration must fail where a reading of the agreement as a whole establishes that each clause contributes to the aim of ensuring an equilibrium in the structure of the contract.
CA Paris, 28 May 2020, LawLex20200000472JBJ
Sudden termination of established commercial relationship: Serious breach
A letter in which a service provider takes note of the issues attributed to him and undertakes to carry out the investigations necessary to determine their cause with a view to resolving them does not establish a sufficiently serious breach of his contractual obligations liable to justify the immediate termination of the established commercial relationship.
Court of Cassation, commercial chamber, 10 June 2020, LawLex20200000506JBJ
Actions available for abuse of dependence: Arbitration clause
Since an arbitration clause is legally independent of the main contract in which it is included, a significant imbalance in the commercial relationship arising from the general structure of the latter has no influence on its validity.
CA Paris, 2 June 2020, LawLex20200000488JBJ
Actions available for abuse of dependence: Applicable law
Article L. 442-1, II (formerly L. 442-6, I, 5°) of the Commercial Code does not constitute a mandatory provision in the international order where its aim is primarily to safeguard the private interests of a party rather than the economic organization of the country to the point of requiring its application to any situation falling within its scope.
CA Paris, 3 June 2020, LawLex20200000495JBJ