In order to retract the ruling made on request under Article 145 of the code of civil procedure, the court of appeal held that there was no body of serious and consistent evidence establishing the likelihood of a loss of customers due to acts of unfair competition.
The court of appeal overturned the judgement, holding that “by determining itself in this way, on grounds the absence of proof of facts that the purpose of the investigative measure was precisely to preserve or to establish, the court of appeal deprived its decision of a legal basis.”
