Legislator Case Law & Legislation
I PK 82/08 AI generated

Supreme Court dismisses appeal; non-collegial board will cannot be replaced by custom or later agreements.

Case Number I PK 82/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal regarding a non-collegial will of the supervisory board to conclude a non-compete agreement with a former executive. The lower courts found the agreement invalid due to the lack of a formal board resolution, noting that while such contracts were standard practice, the specific board member's termination required explicit prior approval. The court rejected the appellant's new argument that a subsequent settlement agreement was an independent civil obligation, ruling that the matter remained strictly within the scope of labor law and the original invalid agreement.

Legislator headnote

AI generated

Art. 379 k.s.h.; Art. 390 § 1 k.s.h.; Art. 388 k.s.h.; Art. 1013 k.p.: A non-collegial will of the supervisory board to conclude a non-compete agreement with a former executive cannot be replaced by practice or custom, and the agreement remains invalid without a formal resolution.

Keywords

AI generated
non-collegial will supervisory board non-compete agreement labor law jurisdiction invalid contract cassation appeal executive termination

Cited Legislation

AI generated
Art. 379 k.s.h.
Art. 390 § 1 k.s.h.
Art. 388 k.s.h.
Art. 1013 k.p.
Art. 1012 § 3 in fine k.p.
Art. 398 § 13 § 2 k.p.c.
art. 388 k.s.h
art. 1013 k.p
art. 25 § 1 k.p
art. 379 k.s.h

Cited Case Law

AI generated

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