I PKN 535/97
AI generated
Non-compete breach dismissed when defendant joined inactive company with no competitive activity or preparatory steps.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 386 § 6 KPC
Art. 393 § 13 KPC