The 5 news of the week

Unfair competition
A term in a contract providing for compensation in the event of breach of a non-compete clause by the employee is a penalty clause.
Cass. soc., 14 February 2024, No 22-17.332

Abuse of dependence
Although established in Belgium, Eurelec may be sued by the French Minister of the Economy before the French courts in application of the ordinary law rules on territorial jurisdiction set out in the Code of Civil Procedure.
CA Paris, 21 February 2024, No 21/09001

Court-ordered investigation
Search and seizure operations may be carried out at the personal home of a regional sales manager who supervises a manufacturer’s sales team, provided that she works from this location, which is a considerable distance from the undertaking’s head office.
CA Douai, 12 February 2024, No 23/00746

The liberty and detention judge (juge des libertés et la détention) cannot be presumed not to have carried out a real and effective review of the application, simply because it was filed on a Friday and his order was issued on the following Monday.
CA Douai, 12 February 2024, No 23/00748

Commercial agent
A principal cannot hold his agent responsible for failing to defend to customers a change in sales policy based on quotas and client selection, which resulted in the rejection of a significant number of orders placed, when this policy is not based on any clear and specific criteria.
CA Paris, 8 February 2024, No 18/01559



Janvier 2024

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