Legislator Case Law & Legislation
II PK 118/05 AI generated

Non-payment of non-compete damages does not release employee from non-compete obligation; damages require actual non-competition.

Case Number II PK 118/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appeal against a lower court ruling that rejected the employee's claim for non-compete damages. The employee argued he resumed work only after the employer failed to pay the first installment, while the employer contended he immediately engaged in competitive activities upon termination. The court held that non-payment of damages does not automatically release the employee from the non-compete obligation, and damages are only due if the employee actually refrains from competing.

Legislator headnote

AI generated

Art. 1012 § 2 k.p.; Art. 491 § 1 k.c.: Non-payment of compensation for non-compete restriction does not release the employee from the obligation to refrain from competitive activities; damages are payable only if the employee actually complies with the non-compete restriction.

Keywords

AI generated
non-compete agreement compensation damages employee obligation competitive activity mutual obligation labor law contractual breach

Cited Legislation

AI generated
Art. 1012 § 2 k.p.
Art. 491 § 1 k.c.
Art. 487 § 2 k.c.
Art. 393 § 13 k.p.c.
art. 1012 § 2 k.p
art. 328 § 2 k.p.c
art. 233 k.p.c
art. 3531 k.c
art. 487 § 2 k.c
art. 300 k.p

Cited Case Law

AI generated

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