Supreme Court
Commercial Division

Public hearing on September 24, 2003 Cassation


Appeal No.: 01-11504
Published in the Newsletter Chair: Mr. KNIT

FRENCH REPUBLIC


ON BEHALF OF THE FRENCH PEOPLE


ON BEHALF OF THE FRENCH PEOPLE

The Court of Cassation, COMMERCIAL, FINANCIAL AND ECONOMIC, made the following ruling:

The unique way, made its first branch:

Having regard to Articles 1128 and 1598 of the Civil Code;

Whereas, as the Court referred, that the company CCP, which is in the business of selling ready-to-wear, has acquired a lot of clothes from the company Ginger; later decision by the Court of Appeal on the grounds that the goods came from an infringement of models belonging to Ms. X. .., ordered the company to indemnify it CCP, subsequently, the company CCP Ginger has assigned the company to set aside the sale and compensation for damages;

Whereas, to deny the request of the company CCP annulment of the sale, stop holding it is not established that the company has committed Ginger fraudulent tactics to persuade his client to buy counterfeit clothing that it erred on the property of the model, which would have been decisive in its consent;

By so holding, while the counterfeit goods can not be a sale, the Court of Appeal violated the above documents;

FOR THESE REASONS, and without any need to rule on the other complaints:

Quashed, in all its provisions, the decision of March 2, 2001, between the parties, the Court of Appeal of Paris;

calls, therefore, the cause and the parties in the state they were before the judgment and to be granted, the returns to the Court of Appeal of Paris, a differently constituted;

Ginger society condemns the expense;

Said that the audit of the Attorney General at the Court of Cassation, the above will be sent to be transcribed in the margin or as a result of the broken off;

Well done and tried by the Court of Cassation, commercial, financial and economic, and delivered by the President in a public hearing on 24 September two thousand and three.

 



Contested decision: Court of Appeal of Paris (3rd Civil Division, Section C) 2001-03-02

 

Posted on ខែមករា 10, 2012, in យុត្តិសាស្រ្ត. Bookmark the permalink. Comments Off on case 23.

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