CASE COMMENTS : UNFAIR TRADE PRACTICES - NON-COMPETITION CLAUSE – FINANCIAL CONSIDERATION – EMPLOYEE’S DAMAGE – OTHER SERVICES

No competition clause : The French Supreme Court considers that the voidance of the non-competition clause in a contract of employment is always at the detriment of the employee (M. X c/ Egérie Osia)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Engaged on December 22, 2008 as a project manager assistance project manager, the employee in breach of the contractual non-competition obligation resigned on January 19, 2010. Subsequently, he applied to the industrial tribunal for payment of a provision on the grounds of the illegality of the non-competition clause stipulated in the employment contract. The Paris Court of Appeal, in a decision handed down on February 17, 2011, dismissed the employee's claim. This refusal is based on two elements: one relating to the assessment of the lawfulness of the non-competition clause, and the other to the conditions for the granting of interim measures in the

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  • University Littoral-Cote d’Opale (Boulogne/Mer)

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Valérie Durand, No competition clause : The French Supreme Court considers that the voidance of the non-competition clause in a contract of employment is always at the detriment of the employee (M. X c/ Egérie Osia), 27 November 2013, Concurrences N° 1-2014, Art. N° 63197, pp. 108-109

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