*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – Cass. soc., 28 June 2006, M. X... c/ société Panofrance Méditerranée, n° 05-40.990 The Social Chamber of the Court of Cassation clarifies its case law on the question of the possibility of adjusting the conditions of payment of the monetary consideration. On 31 May 2006, the Court of Cassation had annulled a non-competition clause which provided that the monetary consideration would be paid only in the event of dismissal (see this review, Restrictive Practices, No. 3-2006, p. 110, note D.). F.
CASE COMMENT: RESTRICTIVE PRACTICES - NON-COMPETITION CLAUSE - COMPENSATION FOR ILLEGAL CLAUSE
Non-competition clause: The Court of Cassation decides that the compensation of the obligor when the clause is illegal is independent from the possibility or the impossibility for the obligor to have a competition job (M. X... c/ sté Panofrance Méditerranée)
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