Legislator Case Law & Legislation
I PK 361/06 AI generated

Non-competition agreement invalidity based on employee's subjective lack of access to confidential information is rejected.

Case Number I PK 361/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially allowed the appellant's cassation complaint, overturning the lower court's dismissal of the non-competition agreement's validity. The lower court had declared the agreement void because the employee subjectively believed he lacked access to particularly important information, contrary to the statutory requirement. The court ruled that the validity of such an agreement depends solely on the employer's objective assessment of the employee's knowledge, not the employee's subjective perception.

Legislator headnote

AI generated

art. 1012 § 1 k.p.; The validity of a non-competition agreement concluded after the termination of employment is determined by the employer's objective assessment of the employee's access to particularly important information, not by the employee's subjective belief regarding such access.

Keywords

AI generated
non-competition agreement termination of employment confidential information subjective assessment objective assessment invalidity of contract labor law

Cited Legislation

AI generated
art. 1012 § 1 k.p.
art. 398 § 1 k.p.c.
art. 398 § 2 k.p.c.
art. 108 § 2 k.p.c.
art. 58 § 1 k.c.
art. 300 k.p.
art. 1012 § 1 k.p
art. 1012 k.p
art. 233 k.p.c
art. 328 § 2 k.p.c

Cited Case Law

AI generated

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