Supreme Court dismisses appeal; non-collegial board will cannot be replaced by custom or later agreements.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the cassation appeal regarding a non-collegial will of the supervisory board to conclude a non-compete agreement with a former executive. The lower courts found the agreement invalid due to the lack of a formal board resolution, noting that while such contracts were standard practice, the specific board member's termination required explicit prior approval. The court rejected the appellant's new argument that a subsequent settlement agreement was an independent civil obligation, ruling that the matter remained strictly within the scope of labor law and the original invalid agreement.
Legislator-Regeste
KI-generiertArt. 379 k.s.h.; Art. 390 § 1 k.s.h.; Art. 388 k.s.h.; Art. 1013 k.p.: A non-collegial will of the supervisory board to conclude a non-compete agreement with a former executive cannot be replaced by practice or custom, and the agreement remains invalid without a formal resolution.