Legislator Case Law & Legislation
III PK 27/05 AI generated

Employee entitled to non-public company non-compete compensation even if deemed excessive.

Case Number III PK 27/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal, remanding the case to the Court of Appeal for a new ruling on costs. The plaintiff sought a high non-compete compensation amount, arguing it was excessive, while the defendant contended the sum violated good faith principles. The court held that a legally concluded non-compete agreement remains valid and enforceable even if the compensation is later deemed excessive by a court.

Legislator headnote

AI generated

Art. 1011 k.p.; Art. 58 k.c. in conjunction with Art. 300 k.p.: A non-compete agreement concluded in compliance with law and good faith is valid, and an employee is entitled to the agreed compensation even if a court deems it excessive.

Keywords

AI generated
non-compete agreement excessive compensation good faith principles non-public company employee entitlement

Cited Legislation

AI generated
Art. 1011 k.p.
Art. 58 k.c.
Art. 300 k.p.
Art. 8 k.p.
Art. 482 k.c.
art. 1011 k.p
art. 3531 k.c
art. 300 k.p
art. 58 § 2 k.c
art. 13 k.p

Cited Case Law

AI generated

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