Legislator Case Law & Legislation
II PK 110/05 AI generated

Employee successfully claims non-binding non-compete obligation after employer fails to prove special information importance.

Case Number II PK 110/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court ruling that declared a post-employment non-compete agreement void. The employee argued the agreement was invalid because he did not possess special confidential information, while the employer failed to prove such information existed or that the employee had access to it. The court upheld the lower court's finding that the employer bore the burden of proving the necessity of the non-compete, which was not met.

Legislator headnote

AI generated

Art. 189 k.p.c.; Art. 1012 § 2 k.p.: A non-compete obligation terminates if the employer fails to demonstrate that the employee possesses special information justifying the restriction, shifting the burden of proof to the employer.

Keywords

AI generated
non-compete agreement post-employment restriction special information burden of proof termination of obligation confidentiality employee liability

Cited Legislation

AI generated
Art. 189 k.p.c.
Art. 1012 § 2 k.p.
art. 189 k.p.c
art. 1012 § 1 k.p
art. 1012 § 2 k.p
art. 1012 k.p
art. 39312 k.p.c

Cited Case Law

AI generated

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