Dr. Elisabeth Achatz-Kandut

Study of law at the University of Graz (Mag. iur. 1988)

Diploma thesis “Gesellschaftsrechtliche Probleme der Publikumsanlagengesellschaft” supervisor Prof. Dr. Gunter Nitsche.

Assistant at Institute for Commercial and Securities Law of University of Graz.

Graduation in 1990
Doctoral thesis “Gläubigerschutz und Konzerninsolvenz” supervisor  Prof. DDr. Waldemar Jud.

From 1990 to 1993 legal assistant to management board of Steiermärkische Landesholding GmbH.

Attorney at law since 2000.

University lecturer at Johannes Kepler University, Linz, since 2002.

 

Dr. Elisabeth Achatz-Kandut
 

Co-agreed customer protection clause is allowed despite ineffective rival clause – agreed penalty remains upheld

If the parties agree that the employee may not open or participate in a competing company one year after termination of the employment relationship, they shall also assume that the employee may not poach any customers of the employer during this period. This customer protection clause is “co-agreed”. The non-solicitation clause remains permissible even if the non-competition clause goes too far and is ineffective. In this case, the contractual penalty agreed for the competition activity can also be demanded in the case of poaching of customers.

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