CASE COMMENT: RESTRICTIVE PRACTICES - NON-COMPETITION CLAUSE - COMPENSATION FOR ILLEGAL CLAUSE

Non-competition clause: The Court of Cassation holds that a compensation of the obligor when the clause is illegal is independent from the possibility or the impossibility for the obligor to have a competiting job (Toupargel)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – Cass. soc., July 4, 2006, Mr. X... c/ société Toupargel, n° 04-46.261 – Cass. soc., July 12, 2006, Mr. X... c/ société La Halle, n° 04-47.687, n° 05-40.990 In the event of unlawfulness of a non-competition clause, the Court of Cassation considers that "compliance by the employee with an unlawful non-competition clause

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  • University Littoral-Côte d’Opale (Boulogne-sur-Mer)

Quotation

Daniel Fasquelle, Non-competition clause: The Court of Cassation holds that a compensation of the obligor when the clause is illegal is independent from the possibility or the impossibility for the obligor to have a competiting job (Toupargel), 4 July 2006, Concurrences N° 4-2006, Art. N° 12477, p. 87

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