This case involved a company and two of its competitors, sued for an injunction to stop acts of unfair competition and for compensation for the resulting damages. One of the defendants filed a counterclaim for compensation for the damage arising from the obtaining and production in the proceedings of documents covered by business secrecy.
The first judges, having found that the documents in question were indeed covered by business secrecy, ordered the claimant to compensate its opponent for the damage suffered in this respect.
The French Supreme Court overturned the appeal ruling on the grounds, firstly, that business secrecy cannot be invoked to prevent the production of a document when its acquisition, use or disclosure has taken place for the protection of a legitimate interest recognized by European Union law or national law and, secondly, that the right to evidence may justify the production of elements covered by business secrecy, provided that such production is essential for its exercise and that the infringement is strictly proportionate to the aim pursued.
The ruling is based on Article L. 151-8 of the Commercial Code and Article 6 (paragraph 1st) of the ECHR.
The right to evidence may justify the production of a document covered by business secrecy, provided that the judges assess whether the production of this document is (i) essential to prove the alleged facts and (ii) strictly proportionate to the breach of business secrecy in view of the objective pursued.
