Supreme Court dismissed appeal; non-compete clause termination affects employee only, not employer's damages obligation.
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal filed by an employee against a lower court's decision to reject his claim for damages. The employee argued that a change in his job role removed the objective threat to the employer's interests, thereby terminating the non-compete clause and releasing the employer from paying compensation. The court ruled that Article 1012 § 2 of the Labor Code only governs the employee's obligation to refrain from competition, not the employer's duty to pay damages upon termination of the clause.
Regeste Legislator
Généré par l'IAArt. 1012 § 2 KP; Art. 1011 § 1 KP: The provision regarding the termination of the non-compete clause applies exclusively to the employee's obligation to refrain from competition and does not automatically release the employer from the obligation to pay damages.