Non-compete breach requires actual competing activity targeting same customers, not just similar services.
Legislator summary
AI generatedThe Supreme Court partially allowed the cassation appeal, remanding the case for a new decision on the contractual penalty. The lower court found a breach because the employee's publishing business was similar to the employer's printing services, but the Supreme Court ruled that only actual competing activity targeting the same customer circle constitutes a violation. The court emphasized that mere similarity in service types without overlapping clientele does not threaten the employer's interests.
Legislator headnote
AI generatedArt. 1011 k.p.; Art. 1012 k.p.: A breach of a non-compete obligation occurs only when the employee actually conducts an activity directed at the same circle of customers, which poses a real threat to the employer's interests, not merely when the services are similar.