Legislator Case Law & Legislation
I PK 27/08 AI generated

Non-compete breach requires actual competing activity targeting same customers, not just similar services.

Case Number I PK 27/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
non-compete agreement contractual penalty actual competition same customer circle labor law breach of contract remand for retrial

Cited Legislation

AI generated
Art. 1011 k.p.
Art. 1012 k.p.
Art. 398 § 1 k.p.c.
Art. 108 § 2 k.p.c.
Art. 391 § 1 k.p.c.
art. 1012 k.p
art. 1011 § 1 k.p
art. 1011 § 2 k.p
art. 483 § 1 k.c
art. 300 k.p

Cited Case Law

AI generated

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