Legislator Case Law & Legislation
I PK 68/07 AI generated

Non-compete compensation after employment ends is not covered by Banking Law Art. 169; interim management does not automatically end non-compete obligations.

Case Number I PK 68/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal, remanding the case for a new trial on the compensation claim. The lower court had rejected the plaintiff's claim for damages under a non-compete agreement following his forced removal from a bank's management role. The Supreme Court ruled that the appointment of interim management does not automatically terminate the non-compete obligations established under the Civil Code, as the bank's legal entity and the risk of information leakage remained intact.

Legislator headnote

AI generated

Art. 1012 § 1 k.p.; Art. 1012 § 2 k.p.; Art. 169 ust. 1 Prawa bankowego; Compensation for non-compete obligations after employment termination is not regulated by the Banking Law, and the establishment of interim management does not constitute a circumstance automatically ending the grounds for such obligations.

Keywords

AI generated
non-compete agreement banking law regulation interim management employment termination compensation damages civil code provisions cassation appeal

Cited Legislation

AI generated
Art. 1012 § 1 k.p.
Art. 1012 § 2 k.p.
Art. 169 ust. 1 Prawa bankowego
Art. 145 ust. 1 Prawa bankowego
Art. 145 ust. 2 Prawa bankowego
Art. 398 § 15 k.p.c.
art. 1012 § 1 k.p
art. 1012 § 2 k.p
art. 217 § 2 k.p.c
art. 1013 k.p

Cited Case Law

AI generated

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