La Cour de cassation a, dans un arrêt du 12 février 2020 (Com. 12 fév. 2020, n° 17-31.614, point 10), apporté d’utiles information sur l’appréciation du préjudice résultant d’une concurrence déloyale. Celle-ci, reposant sur l’article 1240 du code civil, suppose une faute, un préjudice et un lien de causalité entre la faute et le préjudice. La preuve de ces différents éléments n’est pas toujours aisée.
Le constat est fait par la Cour en ces termes : « … si les effets préjudiciables de pratiques tendant à détourner ou s’approprier la clientèle ou à désorganiser l’entreprise du concurrent peuvent être assez aisément démontrés, en ce qu’elles induisent des conséquences économiques négatives pour la victime, soit un manque à gagner et une perte subie, y compris sous l’angle d’une perte de chance, tel n’est pas le cas de ceux des pratiques consistant à parasiter les efforts et les investissements, intellectuels, matériels ou promotionnels, d’un concurrent, ou à s’affranchir d’une réglementation, dont le respect a nécessairement un coût, tous actes qui, en ce qu’ils permettent à l’auteur des pratiques de s’épargner une dépense en principe obligatoire, induisent un avantage concurrentiel indu dont les effets, en termes de trouble économique, sont difficiles à quantifier avec les éléments de preuve disponibles, sauf à engager des dépenses disproportionnées au regard des intérêts en jeu. »
Dans cette deuxième série d’hypothèses, la Cour de cassation propose une solution : « Lorsque tel est le cas, il y a lieu d’admettre que la réparation du préjudice peut être évaluée en prenant en considération l’avantage indu que s’est octroyé l’auteur des actes de concurrence déloyale, au détriment de ses concurrents, modulé à proportion des volumes d’affaires respectifs des parties affectés par ces actes. » (Com. 12 fév. 2020, n° 17-31.614, point 10).
Elle rejette le pourvoi d’appel en considérant que : « Appelée à statuer sur la réparation d’un préjudice résultant d’une pratique commerciale trompeuse pour le consommateur, conférant à son auteur un avantage concurrentiel indu par rapport à ses concurrents, la cour d’appel a pu, pour évaluer l’indemnité devant être allouée à la société Cristallerie de Montbronn, tenir compte de l’économie injustement réalisée par la société Cristal de Paris, qu’elle a modulée en tenant compte des volumes d’affaires respectifs des parties affectés par lesdits agissements. »
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b52
Tiêu đề: « B52 Club – Trải nghiệm Game Đánh Bài Trực Tuyến Tuyệt Vời »
B52 Club là một cổng game phổ biến trong cộng đồng trực tuyến, đưa người chơi vào thế giới hấp dẫn với nhiều yếu tố quan trọng đã giúp trò chơi trở nên nổi tiếng và thu hút đông đảo người tham gia.
1. Bảo mật và An toàn
B52 Club đặt sự bảo mật và an toàn lên hàng đầu. Trang web đảm bảo bảo vệ thông tin người dùng, tiền tệ và dữ liệu cá nhân bằng cách sử dụng biện pháp bảo mật mạnh mẽ. Chứng chỉ SSL đảm bảo việc mã hóa thông tin, cùng với việc được cấp phép bởi các tổ chức uy tín, tạo nên một môi trường chơi game đáng tin cậy.
2. Đa dạng về Trò chơi
B52 Play nổi tiếng với sự đa dạng trong danh mục trò chơi. Người chơi có thể thưởng thức nhiều trò chơi đánh bài phổ biến như baccarat, blackjack, poker, và nhiều trò chơi đánh bài cá nhân khác. Điều này tạo ra sự đa dạng và hứng thú cho mọi người chơi.
3. Hỗ trợ Khách hàng Chuyên Nghiệp
B52 Club tự hào với đội ngũ hỗ trợ khách hàng chuyên nghiệp, tận tâm và hiệu quả. Người chơi có thể liên hệ thông qua các kênh như chat trực tuyến, email, điện thoại, hoặc mạng xã hội. Vấn đề kỹ thuật, tài khoản hay bất kỳ thắc mắc nào đều được giải quyết nhanh chóng.
4. Phương Thức Thanh Toán An Toàn
B52 Club cung cấp nhiều phương thức thanh toán để đảm bảo người chơi có thể dễ dàng nạp và rút tiền một cách an toàn và thuận tiện. Quy trình thanh toán được thiết kế để mang lại trải nghiệm đơn giản và hiệu quả cho người chơi.
5. Chính Sách Thưởng và Ưu Đãi Hấp Dẫn
Khi đánh giá một cổng game B52, chính sách thưởng và ưu đãi luôn được chú ý. B52 Club không chỉ mang đến những chính sách thưởng hấp dẫn mà còn cam kết đối xử công bằng và minh bạch đối với người chơi. Điều này giúp thu hút và giữ chân người chơi trên thương trường game đánh bài trực tuyến.
Hướng Dẫn Tải và Cài Đặt
Để tham gia vào B52 Club, người chơi có thể tải file APK cho hệ điều hành Android hoặc iOS theo hướng dẫn chi tiết trên trang web. Quy trình đơn giản và thuận tiện giúp người chơi nhanh chóng trải nghiệm trò chơi.
Với những ưu điểm vượt trội như vậy, B52 Club không chỉ là nơi giải trí tuyệt vời mà còn là điểm đến lý tưởng cho những người yêu thích thách thức và may mắn.
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