Contracts

Mitigation of non-compete clauses is possible

Submitted by Thomas Baudewijn on January 15, 2016

In two remarkable judgments the Court of Cassation has ruled that courts can mitigate excessive non-compete clauses by only declaring the excessive part as void and null so the remaining part can survive. This breaks with the viewpoint that these clauses are a matter of all or nothing, meaning they are either valid in their entirety or they are not.