I PK 501/03
AI generated
Non-authorized post-employment non-compete agreement signed by board chair is void under Polish law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal regarding a non-compete agreement signed after his employment ended. The court found that the board chairman lacked the specific authority to sign this agreement without a supervisory board resolution, as required by the Commercial Code. Consequently, the agreement was declared void due to the violation of mandatory representation rules.
Legislator headnote
AI generatedArt. 374 k.h.; Art. 58 § 1 k.c.: A non-compete agreement concluded by a board member without a supervisory board resolution is absolutely void and cannot be ratified.
Keywords
AI generated
non-compete agreement
post-employment restriction
unauthorized representation
void contract
commercial code
supervisory board
mandatory rules
Cited Legislation
AI generatedArt. 374 k.h.
Art. 58 § 1 k.c.
Art. 39 k.c.
Art. 203 k.h.
Art. 103 k.c.
Art. 393 § 12 k.p.c.
art. 1012 k.p
art. 31 k.p
art. 58 k.c
art. 58 § 1 k.c
Cited Case Law
AI generatedIII RN 66/02