A Dutch Court holds that a 5 years non-compete clause is disproportional in view of its goal and constitutes a restriction by object (Heijmans beton/Nederveen)

Court of First Instance of ‘s-Hertogenbosch (Rechtbank ‘s-Hertogenbosch), 28 March 2007, Heijmans beton- en waterbouw speciale technieken B.V. e.a., v. de besloten vennootschap met beperkte aansprakelijkheid H.M. Nederveen Holding B.V. e.a., Case 133181/HA ZA 05-2282, LJN: BA2126 http://www.jongbloedonline.nl/zoeke... In this case, the Court of First Instance of ‘s-Hertogenbosch (Rechtbank ‘s-Hertogenbosch) holds that a non-compete clause of 5 years is disproportional in view of its goal and constitutes a restriction by object. However, the Court did not have enough information in order to determine whether the agreement had an appreciable impact on trade. Heijmans is a trust consisting of several companies engaged in real estate development

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Authors

  • European Commission - DG HR (Brussels)
  • European Court of Justice (Luxembourg)

Quotation

Tristan Baumé, Sally Janssen, A Dutch Court holds that a 5 years non-compete clause is disproportional in view of its goal and constitutes a restriction by object (Heijmans beton/Nederveen), 28 March 2007, e-Competitions Bulletin March 2007, Art. N° 13729

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