Clause De Non Concurrence
LexInter | August 9, 2017 | 0 Comments

Non-Competition Clause

Cass. soc. 7 January 2003

Whereas the employer argues that the means raised automatically tending to the application to the present instance of the case law of the social chamber of the Court of Cassation of July 10, 2002 relating to the nullity of the non-competition clauses which do not involve financial compensation, infringe the principle of legal certainty prescribed by the European Convention for the Protection of Human Rights;

However , given that legal certainty, invoked on the basis of the right to a fair trial provided for by Article 6 of the European Convention for the Protection of Human Rights , cannot enshrine an acquired right to an immutable case-law, the development case law falling within the jurisdiction of the judge in the application of the law;

Considering the fundamental principle of free exercise of a professional activity , together Article L. 120-2 of the Labor Code;

Whereas a non-competition clause is only lawful if it is essential to the protection of the legitimate interests of the company, limited in time and space, it takes into account the specificities of the job of the employee and includes the obligation for the employer to pay the employee a financial contribution, these conditions being cumulative  by declaring lawful a non-competition clause which did not include financial compensation, the Court of Appeal violated the principle stated above and the aforementioned text;

 

Cass. soc. July 10, 2002

Considering the fundamental principle of free exercise of a professional activity, together Article L. 120-2 of the Labor Code ;

by declaring lawful a non-competition clause which did not include financial compensation, the court of appeal violated the principle stated above and the aforementioned text 

 

Cass.soc. November 10, 1996

Considering article 7 of the law of March 2-17, 1791 and the constitutional principle of freedom of work;

NON-COMPETITION AND FINANCIAL COUNTERPART CLAUSE 

Cass. soc. January 7, 2003 

Considering the fundamental principle of free exercise of a professional activity , together Article L. 120-2 of the Labor Code;

by declaring lawful a non-competition clause which did not include financial compensation, the Court of Appeal violated the principle stated above and the aforementioned text;

NON-COMPETITION AND FINANCIAL CONSIDERATION CLAUSE PROVIDED FOR IN THE COLLECTIVE AGREEMENT Cass. Soc. March 10, 2004

 

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