II PK 110/05
Generato dall'IA
Employee successfully claims non-binding non-compete obligation after employer fails to prove special information importance.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal against a lower court ruling that declared a post-employment non-compete agreement void. The employee argued the agreement was invalid because he did not possess special confidential information, while the employer failed to prove such information existed or that the employee had access to it. The court upheld the lower court's finding that the employer bore the burden of proving the necessity of the non-compete, which was not met.
Regesto Legislator
Generato dall'IAArt. 189 k.p.c.; Art. 1012 § 2 k.p.: A non-compete obligation terminates if the employer fails to demonstrate that the employee possesses special information justifying the restriction, shifting the burden of proof to the employer.
Parole chiave
Generato dall'IA
non-compete agreement
post-employment restriction
special information
burden of proof
termination of obligation
confidentiality
employee liability
Disposizioni normative citate
Generato dall'IAArt. 189 k.p.c.
Art. 1012 § 2 k.p.
art. 189 k.p.c
art. 1012 § 1 k.p
art. 1012 § 2 k.p
art. 1012 k.p
art. 39312 k.p.c