Unfair competition: soliciting a competitor's clients is permitted, unless unfair practices are used

Three former employees of a home builder quit their jobs and start their own company in the same sector.

Five of the builder's clients, who had already submitted a preliminary project or signed a contract, ultimately entrusted their projects to the former employees.

The builder sues them for unfair competition, alleging solicitation of clients.

The court of appeal rules against the former employees, finding that disparagement had occurred with one client and that five other clients had been "poached."

Appeal to the Court of Cassation.

The Court of Cassation reaffirms a fundamental principle: soliciting another party's clients is permitted as long as it does not involve unfair practices.

However, in this case, disparagement was only established with a single client (who ultimately did not even contract with the former employees).

Regarding the other five, the court of appeal had not identified any unfair methods used during the solicitation process.

The mere fact that clients leave one service provider for a competitor does not in itself constitute unfair solicitation. It must be proven, on a client-by-client basis, that unfair acts were committed.