Legislator Case Law & Legislation
II PK 108/10 AI generated

Non-compete clause limits only goods/services of employer, not general professional activities.

Case Number II PK 108/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially set aside the lower court's judgment regarding a non-compete clause dispute. The plaintiff argued that the clause prohibited any similar professional activity, while the employer contended it only restricted activities directly related to the employer's specific business. The court ruled that a non-compete ban applies solely to the production of goods or services constituting the employer's business or similar substitutes, not to the general exercise of the learned profession.

Legislator headnote

AI generated

Art. 24 ust. 1 k.r.s.; Art. 1012 § 2 k.p.: A non-compete agreement after employment termination restricts only the production of goods or services constituting the employer's business or similar substitutes, not the general exercise of the learned profession.

Keywords

AI generated
non-compete clause employment termination professional activity employer business substitute goods indemnity payment labor law

Cited Legislation

AI generated
Art. 24 ust. 1 k.r.s.
Art. 1012 § 2 k.p.
Art. 398 § 1 k.p.c.
Art. 108 § 2 k.p.c.
art. 1011 § 1 k.p
art. 1012 k.p
art. 1012 § 2 k.p
art. 22 Konstytucji RP
art. 65 k.c
art. 378 § 1 k.p.c

Cited Case Law

AI generated

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