Legislator Case Law & Legislation
I PK 97/08 AI generated

Supreme Court quashes labor court judgment on non-compete penalty, remanding for fact-finding on damages and scope.

Case Number I PK 97/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the lower court's judgment regarding a non-compete agreement penalty and remanded the case for a new trial. The lower court had found the employee violated the non-compete clause but failed to sufficiently specify the scope of prohibited activities and the exact damages caused. The Supreme Court ruled that factual findings on damages and the specific scope of the breach cannot be challenged in cassation proceedings, as such issues require direct evidence evaluation by the trial court.

Legislator headnote

AI generated

Art. 1012 k.p.; Art. 484 § 2 k.c.; Art. 3981 § 3 k.p.c.; Art. 3983 § 3 k.p.c.; Art. 233 § 1 k.p.c.: The Supreme Court cannot review factual findings or evidence assessment regarding the scope of a non-compete violation or the amount of damages; such matters must be re-evaluated by the court of first instance.

Keywords

AI generated
non-compete agreement labor law cassation procedure factual findings contractual penalty scope of prohibition damages assessment

Cited Legislation

AI generated
Art. 1012 k.p.
Art. 484 § 2 k.c.
Art. 233 § 1 k.p.c.
Art. 3981 § 3 k.p.c.
Art. 3983 § 3 k.p.c.
art. 1012 k.p
art. 1012 § 1 k.p
art. 1012 § 3 k.p
art. 484 § 2 k.c
art. 233 § 1 k.p.c

Cited Case Law

AI generated

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