The Higher Regional Court of Düsseldorf declares that the non-compete clause is null and void in a long-term ground-leasehold contract if the legislator renders the antitrust laws more restrictive during the course of the contract (Flughafenhotel VI-U (Kart))

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Reference

Higher Regional Court of Düsseldorf, Flughafenhotel VI-U (Kart), 19/13, 29 January 2014 (German)

A non-compete clause in a long-term ground-leasehold contract may become null and void if the legislator renders the antitrust laws more restrictive during the course of the contract An airport operator entered into a long-term ground-leasehold contract with a hotel operator in 1972. In this contract, the lessee committed himself to building and operating a hotel on the airport premises. At the same time, the lessor subjected himself to a non-compete clause according to which he would not operate a hotel himself or permit any third party to operate a hotel on the airport premises or to support the operation of a hotel by a third party. In 2013, the lessor intended to establish another hotel on its premises, which

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  • Eberhard Karls University of Tübingen
    Germany 13 contributions 41020 visits

Quotation

Stefan Thomas, The Higher Regional Court of Düsseldorf declares that the non-compete clause is null and void in a long-term ground-leasehold contract if the legislator renders the antitrust laws more restrictive during the course of the contract (Flughafenhotel VI-U (Kart)), 29 January 2014, e-Competitions January 2014, Art. N° 68798

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