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9 April 2021

Danish Supreme Court confirms Decision on Non-compete Restriction falling outside the scope of the Act on Restrictive Employment Clauses

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The Danish Supreme Court has confirmed that a non-compete restriction agreed between shareholders falls outside the scope of the Act on Restrictive Employment Clauses despite the shareholder being employed with the company. This ruling confirms a decision originally made by the City Court of Helsingør, where a ban had been imposed against the competitive actions of a shareholder and employee, referring to the non-compete restriction originally agreed on in the shareholders’ agreement.

Pernille Nørkær

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