Legislator Case Law & Legislation
I PKN 535/97 AI generated

Non-compete breach dismissed when defendant joined inactive company with no competitive activity or preparatory steps.

Case Number I PKN 535/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially set aside the appellate court's judgment, remanding the case for a new decision on costs. The plaintiff argued that joining a new company violated his non-compete clause, while the lower courts found no actual competitive activity occurred. The court ruled that mere membership in a company with no business operations or preparatory actions does not constitute a breach of the non-compete agreement.

Legislator headnote

AI generated

Art. 386 § 6 KPC; Art. 393 § 13 KPC: Participation in a company that has not commenced any activity and has taken no preparatory steps does not constitute a breach of a non-compete clause, as the clause requires actual or imminent competitive activity that could harm the former employer's interests.

Keywords

AI generated
non-compete clause breach of contract competitive activity preparatory actions inactive company supreme court remand for retrial

Cited Legislation

AI generated
Art. 386 § 6 KPC
Art. 393 § 13 KPC

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