The Gloss to the judgment of the Supreme Court of 5 March 2019, reference number act II CSK 58/18

Abstract

The gloss concerns the judgment of the Supreme Court regarding the validity and effectiveness of contractual provisions shaping the scope of the obligation to refrain from competitive behaviour. Following the Supreme Court's arguments indicating limitations in shaping this type of provisions, it deals with issues concerning in the first place the type of obligations with which the obligation not to engage in competitive behaviour may be associated, as well as payable or unpaid nature of such an obligation. More extensive considerations, however, relate to the issue of the duration of commitments for non-competitive behaviour and the criteria that determine this time.