CASE COMMENTS: RESTRICTIVE PRACTICES - NON-COMPETITION CLAUSE - FINANCIAL CONSIDERATION

Non-competition clause: The French Supreme Court decides to stay the proceedings and to refer the case to the administrative courts in order to assess the legality of the art. R. 242-65 of the Code Rural (Mme X…)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The turnaround in case law brought about by the Barbier decision of 10 July 2002 has not finished making headlines. After having ipso facto caused the invalidation of all non-competition clauses concluded under previous case law (Cass. soc., 17 December 2004, Bull. civ. V, no. 436), it now gives rise to conflicts of sources. A veterinary doctor is hired as an employee as of August 23, 2004. Originally, the employment contracts are concluded for a fixed period of time. Then, the employee succeeded in obtaining the conclusion of an employment contract for an indefinite period of time with a non-competition clause without financial compensation. A few years

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

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Valérie Durand, Non-competition clause: The French Supreme Court decides to stay the proceedings and to refer the case to the administrative courts in order to assess the legality of the art. R. 242-65 of the Code Rural (Mme X…), 15 January 2014, Concurrences N° 2-2014, Art. N° 65799, pp. 129-130

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