Legislator Case Law & Legislation
I PKN 402/00 AI generated

Non-compete agreement termination requires written form; employer cannot unilaterally void it based on changed risk assessment.

Case Number I PKN 402/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed the lower court's judgment regarding the termination of a non-compete agreement due to procedural and substantive errors. The employer argued the agreement ended because the employee's potential harm ceased, but the court held that such a change in risk does not equate to the cessation of the agreement's legal basis under Article 1012 of the Civil Code. Furthermore, the court found the employer's unilateral termination claim invalid because it lacked the mandatory written form required by Article 1013 of the Civil Code.

Legislator headnote

AI generated

Art. 1012 § 1 k.c.; Art. 1013 k.c.: A non-compete agreement cannot be unilaterally terminated by the employer based on a change in risk assessment, and any modification or termination requires strict adherence to the written form mandated by law.

Keywords

AI generated
non-compete agreement termination formalities employer liability civil code provisions written form requirement unilateral termination compensation entitlement

Cited Legislation

AI generated
Art. 1012 § 1 k.c.
Art. 1013 k.c.
Art. 61 k.c.
Art. 393 § 1 k.p.c.
Art. 393 § 19 k.p.c.
Art. 108 § 2 k.p.c.

Cited Case Law

AI generated

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