Legislator Case Law & Legislation
I PK 534/03 AI generated

Non-competition clause scope must be specific but general terms suffice for company directors with full access.

Case Number I PK 534/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court's decision to reject a non-competition clause claim. The plaintiff, a former CEO, argued the clause lacked specificity, while the defendant contended it was valid under Polish law. The court ruled that while specific scope is generally required, a general prohibition is acceptable for directors with access to all critical information, as listing every detail would risk omitting damaging data.

Legislator headnote

AI generated

Art. 1012 k.p.; Art. 1011 § 1 k.p.: A non-competition clause following employment termination must specify its scope; however, for members of corporate organs with access to all vital information, a general prohibition formula satisfies this requirement without needing a detailed catalog.

Keywords

AI generated
non-competition clause scope specification corporate director employment termination indemnity claim general prohibition art. 1012 k.p.

Cited Legislation

AI generated
Art. 1012 k.p.
Art. 1011 § 1 k.p.
Art. 56 k.c.
Art. 300 k.p.
Art. 1012 § 3 k.p.
Art. 1012 § 2 w związku z art. 1011 § 1 k.p.
Art. 393 § 1 k.p.c.
art. 1012 k.p
art. 1012 § 3 k.p
art. 18 k.p

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