Not in French Law at any rate. ET did not do what it did with the sole malicious aim of annoying FT. Indeed, there is no evidence of any malice. ET's aim in doing what it did was simply making a profit for itself. This was the utility for it of purchasing the cards and calling its own premium-rate service. Abuse of rights requires an element of malice and an absence of utility for the doer of the act.

Matthew Scully
Clifford Chance
Limited Liability Partnership
The views expressed are exclusively those of the author
************************************************

This message and any attachment are confidential and may be privileged or otherwise protected from disclosure. If you are not the intended recipient, please telephone or email the sender and delete this message and any attachment from your system. If you are not the intended recipient you must not copy this message or attachment or disclose the contents to any other person.

For further information about Clifford Chance please see our website at http://www.cliffordchance.com or refer to any Clifford Chance office.