Uncertain and indefinite claim in the meaning of Section 1987 Subsection 2 of the Civil Code

On September 9, 2020, a judgment of the grand chamber of the civil law and commercial law collegium of the Supreme Court was issued in file No. 31 Cdo 684/2020. This judgment among other thing reacts on preceding decision of Supreme Court of 1 October, .2018, No. 28 Cdo 5711/2017 concerning of interpretation provision S. 1987 Subs. 2 Civil Code. Given different juridical opinions of different chambers of the Supreme Court a question arose, whether is it possible to judge claim as uncertain or indefinite onl

Employer’s right to withdraw from non-competition clause

At the end of the last year Czech Supreme Court issued decision sending a clear message that the possibility of an employer to withdraw from a non-competition clause concluded with the employee shall remain restrictive. 

Judgement issued under file No. 21 Cdo 4779/2018 of 5 November 2020. 

According to the Labour Code the employer may withdraw from a non-competition clause only during the term of the employee’s employment law relationship. In the past the Supreme Court has already declared that the withdr