Personally, at first glance, the only flaw I see is the breach of contract by the Swatch Group, although, in time, there must be other defects from Ludovic. I’m not a jurist, but if the contract isn’t respected by either of the parties, we find ourselves always in litigation. Nevertheless, the law says that regarding the performance of the contract, each party must not only comply with the obligations imposed, but also perform the contract in good faith.

Good faith apparently didn’t occur to the Swatch group, because, for the industrial logic, the Swatch Group wanted to recover the Opus in order to assemble it internally and cheaply.

Even more oddly, the contract was denounced by Harry Winston without any mutual agreement. The group went even further by asking for damages & interest if Ballouard doesn’t accept to leave everything to them and receive nothing in return. Ludovic Ballouard should even let them use his own name.

Yet it is Ludovic Ballouard who is injured in the incident. As of today, Ludovic has already lost nearly $600,000US, he had to lay off four people who had been trained to work only on that project. And beyond that, Ludovic Ballouard hasn’t been able to create one new piece since 2013 for his own brand because all his time was devoted to the Opus.

France deals with incidents such as this in different ways to Switzerland. We know that the injured contractor may seek enforcement of the contract, in case of promises not complied by the seller and can also solicit interests & damages for the damages resulting to the consecutive fault of the other party (commercial and financial losses). They are therefore also entitled to compensation for commercial harm. This type of law applies to all firms that lost revenue because of the in-execution of a contract. (Article 1149 of the French Civil Code). Namely, in the case of wrongful termination, the injured contractor will also receive in court some damages & interests in compensation for the damage that is caused.

We know all too well the story of the great who eats the little. It’s ultimately the food chain and many designers and watchmakers have been swindled by major brands. This happens every day in the watch industry. But today we are in a very saddening situation which leaves us asking lots of questions about the future of these genii of watchmaking.

Ludovic is not alone. It’s the whole community of watch enthusiasts which is there to support. But beyond that, this community is finally mobilized to preserve the talent of independent watchmakers and to give them the chance to continue to make us dream with their achievements.

Now everyone speaks only about the great revolution of connected watches. But are we talking enough about the work of these artisans?  It’s them who are changing the watch industry and that give the possibility to this industry to evolve. It’s them that give emotion with their extraordinary creations.

And yet today, our friend and genius of watchmaking, Ludovic Ballouard, is in a most uncomfortable position facing this great watch group. We must close our eyes and say that obviously the Swatch Group has the last word when facing the small independent.

I don’t think so. That is why I’m publishing this small note. The situation seems blocked for Ludovic Ballouard facing the Swiss financial group. So now let’s find alternatives. There is one saving grace in the form of collectors who can afford to buy a €50,000 or €70,000 Breguet. Perhaps they should be considering of buying a Ludovic Ballouard instead. Therefore, he will be able again to hire or re-hire the people he had to lay off because of this situation. Finally, all this to say that we need to be aware of the things but also that the small independents should be aware too.

All too often we forget that the stem of a rose is full of thorns.

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Jonathan Kopp – Contributing Writer

Jonathan Kopp has an avid enthusiasm for timepieces of all genre, from vintage timepieces to modern Luxury Haute Horology. His preference goes to small and independent high-end watchmakers. He loves the difference rather than classicism, although if he admits to being in love with several ultra-classics pieces. Jonathan was caught by the passion for watchmaking there are almost 6 years. For about 5 years, he wanders in this industry and was Communication-Marketing-PR Consultant for several brands. He has worked for over 2 years as a freelance for the development of the Swiss brand Arthur Oskar Stampfli (AOSWatches). To keep in touch with Jonathan you can follow him on the various social networks: Instagram, Facebook and Twitter. Read his articles here.