Action for unfair competition: Jurisdiction of interim applications judge
Although under Article 145 of the Code of Civil Procedure, legally admissible measures of investigation may be ordered at the request of any interested person on application or in interim proceedings if there is a legitimate reason for keeping or establishing, pre-trial, evidence on which the outcome of the litigation may depend, recourse to an ex parte order (ordonnance sur requête) is justified only in cases where the applicant has legitimate grounds not to include the other party.
CA Paris, 22 November 2019, LawLex201900001466JBJ
Parasitism: Usurpation of know-how
An undertaking which took advantage of the reorganization of its competitor to recruit persons skilled in liquid sugar production sites in order to win contracts, when it did not have any references in that area itself, is guilty of parasitic behavior.
CA Nîmes, 28 November 2019, LawLex201900001468JBJ
Sudden termination of established commercial relationship: Occasional orders/contracts
The occasional relations between a commercial undertaking and a computer engineering consulting firm for the purposes of running an e-commerce website project divided into a design phase and an implementation phase, do not fall under Article L. 442-1, II (former Article L. 442-6, I, 5°) of the Commercial Code.
CA Paris, 22 November 2019, LawLex201900001475JBJ
Jurisdiction of specialized courts: Interim applications / Motions
The judge hearing an application to decide on motions for the disclosure of documents with a view to an action in sudden termination of established commercial relations must be the judge designated by Article D. 442-3 of the Commercial Code.
CA Reims, 26 November 2019, LawLex201900001458JBJ